Lewis et al v. Loftin et al

Filing 192

ORDER granting 178 Motion for Rule 35 Exam. Signed by Magistrate Judge Roy Percy on 10/25/18. (bnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
JERRY LEE LEWIS, JUDITH LEWIS
AND JERRY LEE LEWIS, III

PLAINTIFFS

v.

CIVIL ACTION NO. 3:17CV180-NBB-RP

HOWARD EZEKIEL LOFTIN, et al.

DEFENDANTS

ORDER GRANTING MOTION FOR RULE 35 EXAM OF
PHOEBE LEWIS-LOFTIN AND EZEKIEL ASA LOFTIN XII
Plaintiffs seek to conduct a Rule 35 examination of Phoebe Lewis-Loftin and Ezekiel Asa
Loftin XII relating to their claims for intentional and negligent infliction of emotional distress.
Docket 178. The court has reviewed the motion and brief, defendants’ response, and held a
teleconference with the parties.
Rule 35 allows a court to “order a party whose mental or physical condition . . . is in
controversy to submit to a physical or mental examination by a suitably licensed or certified
examiner.” After reviewing the motion and briefs, and conducting a conference with the
parties, the court concludes that defendants’ claims of emotional distress are such that a Rule 35
examination is warranted. Therefore, plaintiff’s Motion for Rule 35 exam of Pheobe LewisLoftin and Ezekiel Asa Loftin XII is GRANTED.
The parties have agreed, and the court orders, that the examinations will be conducted by
Dr. Timothy Barclay at Advanced Psychotherapeutics, 1047 Vista Park Drive, Suite A, Forest,
VA 24551 in the manner, conditions and scope set forth in the Motion for Examination. The
examination of Phoebe Lewis Loftin will be conducted on December 4, 2018 at 2:00 p.m. and
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the examination of Ezekiel Asa Loftin XII will be conducted on Wednesday, December 5, 2018
at 2:00 p.m.
Accordingly, it is
ORDERED
that the Motion for Rule 35 exam of Phoebe Lewis-Loftin and Ezekiel Asa Loftin XII is
GRANTED.
SO ORDERED, this, the 25th day of October, 2018.
/s/ Roy Percy
UNITED STATES MAGISTRATE JUDGE

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