Valverde et al v. Target Corporation

Filing 31

ORDER granting 30 Defendant's Unopposed Motion for Compulsory Medical Examination of Plaintiff Pedro Jose Valverde. Plaintiff Pedro Jose Valverde shall subject himself to a medical examination by Christopher Guerin, M.D., which will take place at 10:00 a.m. on September 11, 2017 at the office of Dr. Guerin, 842 Sunset Lake Blvd., Suite 302, Venice, Florida 34292. Signed by Magistrate Judge Carol Mirando on 8/24/2017. (HJ)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
PEDRO JOSE VALVERDE and LIDIA
VALVERDE,
Plaintiffs,
v.

Case No: 2:16-cv-909-FtM-38CM

TARGET CORPORATION,
Defendant.
ORDER
This matter comes before the Court upon review of Defendant’s Unopposed
Motion for Compulsory Medical Examination of Plaintiff Pedro Jose Valverde
(“Valverde”) (Doc. 30) filed on August 15, 2017.

On December 27, 2016, this case

was removed from the Circuit Court of the Twentieth Judicial Circuit in and for Lee
County, Florida to this Court.

Doc. 1.

Plaintiffs filed a Complaint against

Defendant, alleging that Valverde slipped and fell on a slippery substance within
Defendant’s premises. 1 Doc. 2 at 2.

As a result of this incident, Plaintiffs allege

that Valverde suffered, among other things, bodily injury and resulting pain and
suffering.

Id. Because Valverde’s physical condition is in dispute, Defendant seeks

to have Christopher Guerin, M.D., conduct a medical examination of Valverde at

According to the Amended Case Management and Scheduling Order entered on July
11, 2017, Defendant’s deadline to disclose expert reports is September 12, 2017, the discovery
deadline is November 7, 2017, the mediation deadline is November 14, 2017, the deadline for
dispositive motions is December 1, 2017, and a trial term begins on April 2, 2018. Doc. 27
at 1-2.
1

10:00 a.m. on September 11, 2017 at Dr. Guerin’s office.
not object to the requested relief.

Doc. 30 at 2. Plaintiffs do

Id. at 3.

Under Rule 35(a) of the Federal Rules of Civil Procedure, the court “may order
a party whose mental or physical condition [] is in controversy to submit a physical
or mental examination by s suitably licensed or certified examiner.”
35(a)(1).

Fed. R. Civ. P.

Rule 35 further states that the order “may be made only on motion for good

cause and on notice to all parties and the person to be examined,” and “must specify
the time, place, manner, conditions, and scope of the examination, as well as the
person or persons who will perform it.”

Fed. R. Civ. P. 35(a)(2).

Here, by agreeing to a medical examination, Plaintiffs have conceded to the
existence of good cause for a medical examination.

Cartrette v. T&J Transport, Inc.,

No. 3:10-cv-277-J-25MCR, 2011 WL 652860, at *1 (M.D. Fla. Feb. 14, 2011).

The

Court also finds good cause for a medical examination in light of Valverde’s alleged
injuries and damages.

See id.

ACCORDINGLY, it is hereby
ORDERED:
1.

Defendant’s Unopposed Motion for Compulsory Medical Examination of

Plaintiff Pedro Jose Valverde (Doc. 30) is GRANTED.
2.

Plaintiff Pedro Jose Valverde shall subject himself to a medical

examination by Christopher Guerin, M.D., which will take place at 10:00 a.m. on
September 11, 2017 at the office of Dr. Guerin, 842 Sunset Lake Blvd., Suite 302,
Venice, Florida 34292.

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DONE and ORDERED in Fort Myers, Florida on this 24th day of August, 2017.

Copies:
Counsel of record

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