Fortune v. Target Corporation

Filing 15

ORDER granting 14 Target Corporation's Unopposed Motion for Compulsory Medical Examination of Plaintiff Tamara Fortune. Plaintiff is directed to submit to a physical examination by Dr. Donn Fuller, M.D. on June 19, 2018 at 4:00 pm at 657 Del Prado Blvd. S., Cape Coral, FL 33990. Signed by Magistrate Judge Carol Mirando on 4/12/2018. (DRS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
TAMARA FORTUNE,
Plaintiff,
v.

Case No: 2:18-cv-89-FtM-99CM

TARGET CORPORATION,
Defendant.
ORDER
This matter comes before the Court upon review of Target Corporation’s
Unopposed Motion for Compulsory Medical Examination of Plaintiff Tamara
Fortune, filed on April 11, 2018.

Doc. 14.

This case involves Plaintiff’s alleged

physical injuries she sustained as a result of her fall at a Target in Collier County,
Florida. Id. at 1; see also Doc. 2 at 2-3. Defendant seeks to have Dr. Donn Fuller,
M.D., conduct a physical examination of Plaintiff on June 19, 2018 because Plaintiff’s
physical condition is in controversy here. Doc. 14 at 2. Plaintiff does not object to
the requested relief. Id. at 2-3.
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 a 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 physical examination, Plaintiff has conceded to the
existence of good cause for the 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 physical examination given Plaintiff’s alleged injuries.

See id.

Therefore, the Court directs Plaintiff to attend and undergo a physical

examination by Dr. Fuller at the provided location and time.
ACCORDINGLY, it is
ORDERED:
1.

Target Corporation’s Unopposed Motion for Compulsory Medical

Examination of Plaintiff Tamara Fortune (Doc. 14) is GRANTED.
2.

Plaintiff shall submit to a physical examination by Dr. Donn Fuller,

M.D. on June 19, 2018 at 4:00 pm at Dr. Fuller’s office located at 657 Del Prado Blvd.
S., Cape Coral, FL 33990.
DONE and ORDERED in Fort Myers, Florida on this 12th day of April, 2018.

Copies:
Counsel of record

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