Mbaku v. Charles Schwab & Co., Inc. et al

Filing 51

ORDER granting 49 Defendant Charles Schwab & Co., Inc.'s Unopposed Motion for Mental Examination of Plaintiff. By Magistrate Judge Nina Y. Wang on 03/28/2016. (nywlc2)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 15-cv-01301-PAB-NYW
JOLIE MBAKU,
Plaintiff,
v.
ADECCO USA, INC., and
CHARLES SCHWAB & CO., INC.,
Defendants.

ORDER GRANTING UNOPPOSED MOTION FOR RULE 35 EXAMINATION
Magistrate Judge Nina Y. Wang
This matter is before the court on Defendant Charles Schwab & Co., Inc’s Unopposed
Motion for Mental Examination of Plaintiff (the “Motion”). [#49, filed Mar. 25, 2016]. The
Motion was referred to the court pursuant to the order of referral dated June 30, 2015 [#8] and
the memorandum dated March 25, 2016 [#50].
Defendant requests, pursuant to Fed. R. Civ. P. 35, that the court order Plaintiff to attend
a proposed medical examination by Dr. Doris C. Gunderson, M.D. [#49 at 1]. Defendant
represents that it conferred with Plaintiff and that Plaintiff does not oppose the Motion. [Id.].
Pursuant to Fed. R. Civ. P. 35, an order for a physical examination of a party whose
physical condition is in controversy may be entered provided that there is good cause for the
order and that notice is given to all parties and the person to be examined. The order “must
specify the time, place, manner, conditions, and scope of the examination, as well as the person

or persons who will perform it.” Id. The court finds that the Plaintiff has placed her mental
condition in controversy in this action and that good cause exists for the order.

Because

Plaintiff’s mental condition is directly at issue in this case, there is good cause for an appropriate
physical examination.
Accordingly, it is hereby ordered that Defendant Charles Schwab & Co., Inc.’s
Unopposed Motion for Mental Examination of Plaintiff pursuant to Federal Rule of Civil
Procedure 35 is GRANTED. Plaintiff’s mental examination will be conducted by Dr. Doris C.
Gundersen, M.D., on March 28, 2016 from 1:00pm to 4:00pm in Dr. Gundersen’s office, 425 S.
Cherry Street, Suite 630, Denver, Colorado 80246. The mental examination will include taking
Plaintiff’s mental health history; evaluating whether she currently suffers from any diagnosable
mental disorder and, if so, what caused or contributed to any such disorder; and evaluating the
impact, if any, on Plaintiff’s ability to perform major life activities such as working.
IT IS ORDERED that the Motion is GRANTED.

DATED: March 28, 2016

BY THE COURT:

s/Nina Y. Wang__________
United States Magistrate Judge