Sparks et al v. Target Corporation

Filing 28

ORDER granting 27 Target Corporation's Unopposed Motion for Compulsory Medical Examination of Plaintiff Jennifer Sparks. Plaintiff Jennifer Sparks shall subject herself to a medical examination by Don Fuller, M.D., which will take place at 4:00 p.m. on November 30, 2017 at the office of Deiorio, Beaulieu, and Fuller, MD, PA, 657 Del Prado Blvd. S., Cape Coral, Florida 33990. Signed by Magistrate Judge Carol Mirando on 11/16/2017. (KBR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JENNIFER SPARKS and SHANE
SPARKS,
Plaintiffs,
v.

Case No: 2:17-cv-388-FtM-38CM

TARGET CORPORATION,
Defendant.
ORDER
This matter comes before the Court upon review of Target Corporation’s
Unopposed Motion for Compulsory Medical Examination of Plaintiff Jennifer Sparks
(Doc. 27) filed on November 13, 2017. On July 12, 2017, 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
Ms. Sparks slipped and fell on a slippery substance within Defendant’s premises.
Doc. 2 ¶ 6. As a result of this incident, Plaintiffs allege that Ms. Sparks suffered,
among other things, bodily injury and resulting pain and suffering.

Id. ¶ 10.

Because Ms. Spark’s physical condition is in dispute, Defendant seeks to have Donn
Fuller, M.D., conduct a medical examination of Ms. Sparks at 4:00 p.m. on November
30, 2017 at Dr. Fuller’s office. Doc. 27 at 2. Plaintiffs do not object to the requested
relief. 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.” Fed. R. Civ. P.
35(a)(1). 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 Ms. Sparks’ alleged
injuries and damages. See id.
ACCORDINGLY, it is hereby
ORDERED:
1.

Target Corporation’s Unopposed Motion for Compulsory Medical

Examination of Plaintiff Jennifer Sparks (Doc. 27) is GRANTED.
2.

Plaintiff Jennifer Sparks shall subject herself to a medical examination

by Don Fuller, M.D., which will take place at 4:00 p.m. on November 30, 2017 at the
office of Deiorio, Beaulieu, and Fuller, MD, PA, 657 Del Prado Blvd. S., Cape Coral,
Florida 33990.

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DONE and ORDERED in Fort Myers, Florida on this 16th day of November,
2017.

Copies:
Counsel of record

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