Madore v. Dolgencorp, LLC
Filing
32
ORDER granting 31 Motion to Compel Rule 35 medical examination. Signed by US Magistrate Judge Lindsay S. Griffin on 1/28/2025. (RLJ)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
BARBARA MADORE,
Plaintiff,
v.
Case No. 8:23-cv-2001-CEH-LSG
DOLGENCORP, LLC,
Defendant.
___________________________________/
ORDER
Under Rule 35, Federal Rules of Civil Procedure, the court may order a
physical or mental examination of a party whose condition “is in controversy.”.
FED. R. C IV. P. 35(a)(1). A motion requesting such an order must demonstrate good
cause and “must specify the time, place, manner, conditions, and scope of the
examination, as well as the person or persons who will perform” the examination.
FED. R. C IV. P. 35(a)(2).
The defendant Dolgencorp, LLC, moves to compel a compulsory medical
examination of the plaintiff. Doc. 31. The defendant explains that the plaintiff’s
physical condition “is in controversy” because the plaintiff alleges that her “ongoing
hip problems” resulted from a trip and fall at the defendant’s store. Doc. 31, p. 1–2.
The defendant also provides the examination information required by Rule
35(a)(2)(B). Doc. 31, p. 2. The plaintiff files no response, and therefore the motion is
unopposed.
Accordingly, for good cause shown, the defendant’s motion to compel a Rule
35 medical examination, Doc. 31, is GRANTED. The plaintiff Barabara Madore
must appear and submit to a physical examination by Dr. George R. Companioni on
April 21, 2025, at 10:00 a.m. at Dr. Companioni’s office located at 21756 State Road
54, #102A, Lutz, Florida, 33549.
ORDERED in Tampa, Florida, on this 28th day of January, 2025.
United States Magistrate Judge
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?