Supple v Trimac Transportation Group, Inc. et al

Filing 61

MEMORANDUM AND ORDER re: 49 MOTION to Enforce Motion for Physical Examination of Plaintiff Shane Supple filed by Defendant Trimac Transportation Group, Inc..IT IS HEREBY ORDERED that defendants motion for an order requiring plaintiff to appear and submit to a physical examination is GRANTED. Signed by District Judge Stephen N. Limbaugh, Jr on 9/15/17. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
SHANE S. SUPPLE,
Plaintiff,
vs.
TRIMAC TRANSPORTATION GROUP,
INC. and ROBERT S. MONGER,
Defendants.

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No. 1:16-cv-203 SNLJ

MEMORANDUM and ORDER
Defendants move the Court for an order requiring plaintiff to appear and submit to
a physical examination pursuant to Federal Rule of Civil Procedure 35. Plaintiff is
seeking monetary damages for alleged injuries to his back and neck as a result of
defendants’ alleged negligence in connection with the motor vehicle/tractor-trailer
accident at issue in this litigation. Defendants have arranged for plaintiff to undergo
physical examination in Fenton, Missouri. Plaintiff objects to traveling to Fenton,
Missouri for the examination because he lives in Jacksonville, Florida. He notes that he
just recently traveled to Missouri for his deposition, and he points out that although
Fenton is within this District, it is not near either of defendants’ locations.
The Court will grant the motion. The Fenton location for the examination is
within this District and is not unreasonable.

Accordingly,
IT IS HEREBY ORDERED that defendants’ motion for an order requiring
plaintiff to appear and submit to a physical examination is GRANTED.
Dated this 15th day of September, 2017.
______________________________
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE