Stewart v. Pros Services, Inc.

Filing 28

AMENDED ORDER granting Defendant's 21 Motion to Compel Plaintiff's Attendance at an Independent Medical Examination and Other Relief. Signed by District Judge Bernard A. Friedman. (JCur)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TRAVIS J. STEWART,
Plaintiff,

Civil Action No. 20-cv-12434
HON. BERNARD A. FRIEDMAN

vs.
PROS SERVICES, INC.,
Defendants.
______________________________/

AMENDED ORDER GRANTING DEFENDANT’S MOTION TO COMPEL
PLAINTIFF’S ATTENDANCE AT AN INDEPENDENT MEDICAL
EXAMINATION AND OTHER RELIEF
Before the Court is defendant Pros Services, Inc.’s motion to compel (1)
plaintiff’s attendance at an independent medical examination, as well as (2)
plaintiff’s authorization to third-party pharmacies to disclose his outpatient
prescription drug history. (ECF No. 21). Plaintiff filed a response. (ECF No. 24).
Defendant filed a reply. (ECF No. 25). The Court held a hearing on the motion on
November 17, 2021. For the reasons stated on the record, it is hereby,

ORDERED that defendant’s motion to compel plaintiff’s attendance at an
independent medical examination and other relief is granted.

IT IS FURTHER ORDERED that the substantive scope of the examination
shall be limited to the standard parameters of independent psychiatric examinations
conducted under Fed. R. Civ. P. 35.

IT IS FURTHER ORDERED that the examination shall be physically
conducted in the Detroit metropolitan area.

IT IS FURTHER ORDERED that the examination shall be audio-recorded on
a digital device. The digital recording shall be used solely to support an allegation
of impropriety in the conduct of the examination.

IT IS FURTHER ORDERED that the examination shall take place no later
than Friday, December 17, 2021.

IT IS FURTHER ORDERED that a copy of the examiner’s report shall be
served on plaintiff’s counsel no later than Friday, December 31, 2021.

IT IS FURTHER ORDERED that a copy of plaintiff’s expert witness report
shall be served on defendant’s counsel no later than Friday, December 31, 2021.

IT IS FURTHER ORDERED that dispositive motions shall be filed no later
than Monday, January 31, 2022.

IT IS FURTHER ORDERED that any depositions of the examiner or
plaintiff’s expert witness, shall be conducted no later than 30 days before the trial
date scheduled in this matter.

IT IS FURTHER ORDERED that the plaintiff shall immediately authorize
the pertinent third-party pharmacies to disclose his outpatient prescription drug
history to defendant.

IT IS FURTHER ORDERED that the disclosure authorizations shall be
limited to outpatient prescriptions issued from November 17, 2016 through the
date of this order.

Dated: November 19, 2021
Detroit, Michigan

s/Bernard A. Friedman
Bernard A. Friedman
Senior United States District Judge