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)

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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

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