Goebel et al v. Safeco Insurance Company of Illinois

Filing 16

ORDER granting 13 Defendant's Motion to extend time and granting 14 Defendant's Motion to examine. Defendant may submit its expert report on or before April 27, 2017, the discovery deadline is now May 25, 2017, and the dispositive motions deadline is now June 15, 2017. No other deadlines are affected by this Order. Signed by Magistrate Judge Philip R. Lammens on 3/8/2017. (CAB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
KRISTINE GOEBEL and PAUL
GOEBEL,
Plaintiffs,
v.

Case No: 5:16-cv-578-Oc-PRL

SAFECO INSURANCE COMPANY OF
ILLINOIS
Defendant.

ORDER
Before the Court is Defendant’s motion to extend the discovery deadline and its motion to
compel Plaintiff Kristen Goebel to submit to a neuropsychological examination. (Docs. 13, 14).
As explained below, both motions are due to be granted.
As to the requested examination under Federal Rule of Civil Procedure 35, Rule 35(a)(1)
provides that the court may order a party whose mental condition is in controversy to submit to a
mental examination by a suitably licensed examiner. Under Rule 35(a)((2), a court’s order may
be made only on a 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.”
Defendant asserts here that Plaintiff Kristen Goebel has placed her mental condition in
controversy by alleging in her interrogatories that “she suffered traumatic brain injury with
associated cognitive impairment and disorder, post-concussion syndrome with associated
headaches, anxiety, depression, post-traumatic disorder, adjustment disorder, insomnia, and

irritability that are permanent conditions.” (Doc. 14 at p.3); see Trenary v. Busch Entertainment
Corp., No. 8:05-CV-1630-T-30EAJ, 2006 WL 3333621, at *3 (M.D. Fla. 2006) (granting a Rule
35 exam when the plaintiff’s interrogatory answers revealed mental health diagnoses allegedly
related to the plaintiff’s claims).
Defendant further states that “the Rule 35 neuropsychological examination of [Kristen
Goebel will] be performed by Michael Herkov [Ph.D.];” who “is a board certified Clinical
Psychologist, is well qualified in his respective field, and meets or exceeds the requirements of
Rule 35;” and who “will be performing a neuropsychological examination during which he will
review prior medical records, take plaintiff’s medical history and then perform a non-surgical,
routine and generally accepted neuropsychological examination to determine the extent and nature
of plaintiff’s alleged neuropsychological injuries.”

Finally, Defendant asserts that the

“examination would take place on April 10, 2017 at 10:00AM at 2965 SE 3rd Court, Ocala,
Florida.”
Importantly, Plaintiffs do not object to this request on grounds of lack of good cause or
lack of notice, but agree that Kristen Goebel’s mental condition is at issue here and that she
consents to an examination. (Doc. 15). Accordingly, I find that Defendant has satisfied the good
cause and notice requirements of Rule 35.
Plaintiffs, however, do object that the requested examination is currently scheduled for
April 10, 2017, the date discovery is due to close. (Doc. 15). This objection brings me the other
motion before me: Defendant asserts that an extension of time is necessary to allow time for the
neuropsychological examination citing difficulties in finding a local physician who is qualified to
perform the examination within the current deadlines.

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(Doc. 13).

Specifically, Defendant

requests forty-five day extensions of its expert disclosure deadline and the discovery deadline.
Upon due consideration, Defendant’s motion to extend time is also due to be granted.
Accordingly, Defendant’s motion to Compel a Rule 35 examination (Doc. 14) is
GRANTED and the examination shall be conducted according to the conditions and scope set
forth in this Order. Likewise, Defendant’s motion to extend the discovery deadlines is also
GRANTED. Defendant may submit its expert report on or before April 27, 2017, the discovery
deadline is now May 25, 2017, and the dispositive motions deadline is now June 15, 2017. No
other deadlines are affected by this Order.
DONE and ORDERED in Ocala, Florida on March 8, 2017.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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