Loban et al v. The Continental Insurance Company

Filing 30

ORDER GRANTING 29 Defendant Continental Insurance Company's Unopposed Motion for Leave to Conduct Compulsory Medical Examination of Plaintiff Christian Loban. Signed by Judge Mary S. Scriven on 11/25/2024. (AC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
JESS LOBAN, as Natural Guardian of
CHRISTIAN LOBAN, a minor, and
COLLIN LOBAN, individually,
Plaintiffs,
v.

Case No: 8:24-cv-386-MSS-AEP

THE CONTINENTAL INSURANCE
COMPANY,
Defendant.
ORDER
THIS CAUSE comes before the Court for consideration of Defendant
Continental Insurance Company’s Unopposed Motion for Leave to Conduct
Compulsory Medical Examination of Plaintiff Christian Loban (the “Motion”). (Dkt.
29)
Federal Rule of Civil Procedure 35(a) provides:
(1) In General. The court where the action is pending may order a
party whose mental or physical condition—including blood
group—is in controversy to submit to a physical or mental
examination by a suitably licensed or certified examiner. The court
has the same authority to order a party to produce for examination
a person who is in its custody or under its legal control.
(2) Motion and Notice; Contents of the Order. The order:
(A) may be made only on motion for good cause and on notice
to all parties and the person to be examined; and

(B) 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).
In this action, Plaintiffs Jess Loban, her minor son Christian Loban, and her
adult son Collin Loban assert claims against Defendant for damages for injuries arising
out

of

a

motor

vehicle

accident.

(Dkt.

1-1)

Plaintiffs

claim

that

an

uninsured/underinsured motorist negligently and carelessly operated and/or
maintained a motor vehicle, resulting in serious injuries to Plaintiffs Christian and
Collin Loban. Plaintiffs seek economic and non-economic damages from Defendant
Continental Insurance Company, which Plaintiffs allege insured Christian and Collin
Loban. In the Motion, Defendant requests the Court require Christian Loban to
submit to a medical examination by Laszlo Mate, M.D., at his office located at 4200
West Cypress Street, Suite 750, Tampa, Florida 33607 on December 6, 2024. 1 (Dkt.
29) The Court finds that a physical examination of Plaintiff Christian Loban is
appropriate under Fed. R. Civ. P. 35 because Plaintiff Christian Loban has placed his
physical condition in controversy. Defendant’s Motion details the place, manner,
conditions, and scope of the examination, and Defendant certifies that Plaintiffs have
no objection to the requested relief. (Id.)
Accordingly, based on the Parties’ stipulation and the Court’s independent
finding of good cause, it is hereby ORDERED:

Another date and appropriate time may be coordinated, if necessary, with Plaintiffs’ counsel and Dr.
Mate based on the Parties’ and Dr. Mate’s availability.
1

1. Defendant Continental Insurance Company’s Unopposed Motion for Leave
to Conduct Compulsory Medical Examination of Plaintiff Christian Loban,
(Dkt. 29), is GRANTED.
2. Plaintiff Christian Loban shall submit to a medical examination at the
location detailed above on December 6, 2024, or on another date agreed
upon by the Parties and Dr. Mate. The medical examination is subject to the
conditions as described in Defendant’s Motion. (Dkt. 29)

DONE and ORDERED in Tampa, Florida this 25th day of November 2024.

Copies furnished to:
Counsel of Record
Any Unrepresented Party