Kelly et al v. Marusarz

Filing 19

ORDER Denying Defendant's 13 Motion to Compel Physical Examination of Sharon Kelly, by Judge Richard P. Matsch on 8/3/2012.(rpmcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 12-cv-00221-RPM
SHARON KELLY and
COLIN D. WRIGHT,
Plaintiffs,
v.
ALEX MARUSARZ,
Defendant.
____________________________________________________________________________
ORDER DENYING DEFENDANT’S MOTION TO COMPEL PHYSICAL EXAMINATION
____________________________________________________________________________
On July 10, 2012, the defendant filed a motion to compel physical examination of Sharon
Kelly in Lakewood, Colorado. The plaintiffs’ response shows that Sharon Kelly, a resident of
Australia, was in Colorado for her deposition and would have been available for an independent
medical examination at that time. The defendant’s motion now seeks to impose an undue
burden on the plaintiff to travel from Australia to Lakewood, Colorado, for this purpose. It is
ORDERED that the Motion to Compel Physical Examination of Sharon Kelly is denied.
Dated: August 3rd, 2012
BY THE COURT:
s/ Richard P. Matsch
________________________________
Richard P. Matsch, Senior District Judge