Thakore et al v. Shelter Mutual Insurance Co

Filing 51

MEMORANDUM ORDER granting 46 Motion to Compel Updated Medical Examination. IT IS FURTHER ORDERED that the deadline for Defendant to provide expert reports is extended to 2/3/2025. IT IS FURTHER ORDERED that the deadline for Daubert motions isextended to 2/28/2025. Signed by Magistrate Judge Carol B Whitehurst on 10/25/2024. (crt,Miletello, A)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION

SAGAR THAKORE ET AL

CASE NO. 6:23-CV-01108

VERSUS

JUDGE ROBERT R.
SUMMERHAYS
SHELTER MUTUAL INSURANCE CO MAGISTRATE JUDGE CAROL B.
WHITEHURST

MEMORANDUM ORDER
Before the Court is Defendant’s Motion to Compel Updated Medical
Examination (Rec. Doc. 46), which Plaintiff opposed (Rec. Doc. 48). The Court
conducted a telephone hearing on October 25, 2024.
Plaintiffs filed this suit after Sagar Thakore was injured in a pedestrianvehicle accident. In April 2022, Mr. Thakore’s treating spinal physician, Dr.
Baronne, recommended a two-level lumbar fusion and a three-level cervical
discectomy and fusion. Dr. Baronne stated that the lumbar fusion should be done
first. (Rec. Doc. 48-1). Mr. Thakore also treated with Dr. Penton for his right knee
and right shoulder and underwent knee surgery in November 2022.
Shelter’s physician, Dr. Christopher Cenac, conducted a medical exam on July
12, 2023. According to Shelter, Mr. Thakore underwent the lumbar fusion in October
2023 and intends to proceed with the cervical fusion. Since Dr. Cenac’s exam, Mr.
Thakore has also begun treating for left shoulder issues, for which Dr. Penton has

recommended surgery. Shelter moves to compel Mr. Thakore to submit to an
updated medical examination. Mr. Thakore does not object to a medical exam
regarding his new left shoulder problem, but he does object to further exam of his
neck, back, and right shoulder.
F.R.C.P. Rule 35 authorizes the Court to compel a party to undergo a medical
examination when his physical or mental condition is in controversy and upon a
showing of good cause. Further,
Rule 35 does not establish a limitation on the number of
examinations to which a party may be subjected. Nor would such a
limitation be a judicious one. Each request for an independent medical
examination must turn on its own facts, and the number of examinations
to which a party may be subjected depends solely upon the
circumstances underlying the request. Because the standards
established by Rule 35 are flexible, the resolution of the pending motion
rests within the sound discretion of the trial court.
Examples of circumstances which have been held sufficient to
justify second examinations include: (a) separate injuries calling for
examination by distinct medical specialties; (b) where a physician
requires assistance of other consultants before he can render a
diagnosis; (c) where the first examination was not adequate or
complete; and (d) where a substantial time lag occurred between the
initial examination and the trial.
Moore v. Calavar Corp., 142 F.R.D. 134, 135 (W.D. La. 1992) (citations
omitted).
The Court agrees that circumstances warrant an updated medical exam. Over
a year has elapsed since the first exam, during which time Mr. Thakore underwent
the first recommended surgery and intends to proceed with the second, a three-level

cervical fusion. Mr. Thakore’s recovery and ongoing medical issues since the first
surgery are relevant to his claims. Shelter has thus shown good cause. Accordingly,
IT IS ORDERED that Defendant’s Motion to Compel Updated Medical
Examination (Rec. Doc. 46) is GRANTED.
IT IS FURTHER ORDERED that the deadline for Defendant to provide
expert reports is extended to February 3, 2025, to accommodate the second medical
exam, anticipated for early January 2025.
IT IS FURTHER ORDERED that the deadline for Daubert motions is
extended to February 28, 2025, with the parties’ acknowledgment that the trial date
may be continued if the Court is unable to rule on any such motions by the pretrial
conference. All other deadlines, including the discovery and dispositive motion
deadlines shall remain as previously set, except that Dr. Cenac’s deposition may
occur after the discovery deadline.
Signed at Lafayette, Louisiana on this 25th day of October, 2024.

____________________________________
CAROL B. WHITEHURST
UNITED STATES MAGISTRATE JUDGE