Lynn v. Wal-Mart Stores Inc. et al

Filing 33

MINUTE ORDER granting 31 Defendant's Motion for Rule 35 Examination of Plaintiff. Plaintiff shall attend a physical examination to take place on January 4, 2016, at 3:00 p.m., at Dr. Itay Melamed's Office. By Magistrate Judge Michael J. Watanabe on 12/30/2015.(emill)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 15-cv-01058-MJW
JEAN LYNN,
Plaintiffs,
v.
WAL-MART STORES, INC., and
JOHN DOE,
Defendants.

MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
In a Minute Order entered by this court on December 22, 2015 (Docket No. 32),
plaintiff was directed to file a response to Defendant’s Motion for Rule 35 Examination
of Plaintiff (Docket No. 31) on or before December 28, 2015. Plaintiff has failed to do
so, and thus the motion (Docket No. 31) is deemed confessed. Furthermore, the court
has reviewed the subject motion and exhibits thereto and finds for the reasons stated in
the motion that there is a basis in fact and in law for the relief sought. Plaintiff has
placed her medical condition in controversy, and good cause exists for the Rule 35
examination that has been scheduled for January 4, 2016, at 3:00 p.m. by Itay
Melamed, M.D. at 9876 W. Freiburg Drive, Littleton, Colorado 80127. It is thus hereby
ORDERED that the Defendant’s Motion for Rule 35 Examination of Plaintiff
(Docket No. 31) is GRANTED. It is thus further
ORDERED that plaintiff shall attend a physical examination to take place on
January 4, 2016, at 3:00 p.m., at Dr. Melamed’s Office, 9876 W. Freiburg Drive,
Littleton, Colorado 80127. Plaintiff may not be accompanied by a third party during the
examination. Plaintiff may not record the evaluation.
Date: December 30, 2015