Galindo v. City of Cape Coral et al

Filing 22

ORDER granting 21 Defendants' Unopposed Motion to Compel Physical Examination of Plaintiff. Plaintiff shall subject herself to an orthopedic examination by Donn Fuller, M.D., on April 17, 2018, or at a time and place mutually agreed by the parties. Signed by Magistrate Judge Carol Mirando on 2/2/2018. (HJ)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MELBA CAROLINA GALINDO,
Plaintiff,
v.

Case No: 2:17-cv-99-FtM-99CM

CITY OF CAPE CORAL, G.J.
BUONOCORE, J. DUFFY, T.N.
KORTWRIGHT, G.A. LYTLE, D.C.
RUSH, J.A. CARSON, A.P.
GALLO, J.P. CIELSLINSKI and
B.W. KEARNEY,
Defendants.
ORDER
This matter comes before the Court upon review of Defendants’ Unopposed
Motion to Compel Physical Examination of Plaintiff (Doc. 21) filed on February 2,
2018.

According to Plaintiff’s Amended Complaint, nine police officers, who are

named as Defendants here, arrived at Plaintiff’s residence on May 2, 2014 and
questioned her regarding the whereabouts of her son.

Doc. 11 ¶¶ 23-24.

Plaintiff

alleges that during the officers’ encounter with her, the officers physically assaulted
and battered her, causing her to suffer injury.

Id. ¶ 25. Defendants seek to have

Donn Fuller, M.D., conduct an orthopedic examination of Plaintiff on April 17, 2018
or such other date as agreed by the parties because Plaintiff’s physical conditions are

in controversy here.

Doc. 21 at 3-4.

Plaintiff does not object to the requested relief. 1

Id. at 4.
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 an orthopedic examination, Plaintiff has conceded to the
existence of good cause for an orthopedic 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 an orthopedic examination in light of Plaintiff’s
alleged injuries.

See id.

ACCORDINGLY, it is hereby
ORDERED:
1.

Defendants’ Unopposed Motion to Compel Physical Examination of

Plaintiff (Doc. 21) is GRANTED.

On April 26, 2017, Senior United States District Judge John E. Steele entered a
Case Management and Scheduling Order, setting the deadlines to disclose expert reports for
Plaintiff to February 12, 2018 and for Defendants to February 28, 2018, the mediation
deadline to April 26, 2018, the discovery deadline to May 21, 2018, the deadline for dispositive
motions to May 30, 2018 and a trial term to commence on October 1, 2018. Doc. 20 at 1-2.
1

-2-

2.

Plaintiff shall subject herself to an orthopedic examination by Donn Fuller,

M.D., on April 17, 2018, or at a time and place mutually agreed by the parties.
DONE and ORDERED in Fort Myers, Florida on this 2nd day of February,
2018.

Copies:
Counsel of record

-3-