Woodvine v. Culver-Stockton College

Filing 21

MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that defendant Culver-Stockton's Motion for Sanctions, for Order Compelling Physical Examination, and for Amendment of Case Management Order 18 is DENIED to the extent Culver-Stockto n requests that I impose sanctions and compel Woodvine's attendance at the rescheduled appointment. The motion is GRANTED to the extent Culver-Stockton requests that I amend the case management order to accommodate the rescheduled exam. IT IS FURTHER ORDERED that the parties shall have to and including March 9, 2017, by which to complete any Rule 35 examination. If there are any remaining disputes about the conditions for the exam, the parties must meet and confer and file a joint statement detailing these disputes no later than Wednesday, February 22, 2017. Signed by District Judge Catherine D. Perry on 2/7/17. (EAB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
BARBARA WOODVINE,
Plaintiff,
v.
CULVER-STOCKTON COLLEGE,
Defendant.

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No. 2:16 CV 27 CDP

MEMORANDUM AND ORDER
Defendant Culver-Stockton College asks that I impose $2500 in sanctions
against plaintiff Barbara Woodvine for her failure to timely appear for a Rule 35
physical examination after becoming lost on her way to the appointment. CulverStockton also requests that I compel Woodvine’s appearance at a rescheduled
appointment and amend the case management order to reflect this change in
circumstance. Because I find that Woodvine made a good faith effort to appear at the
previously scheduled appointment, the imposition of sanctions would be unjust and I
will deny Culver-Stockton’s request for such. Nor will I compel Woodvine’s
appearance at the rescheduled appointment given that she agrees to appear at the stated
date, time, and place. However, if there are remaining disputes about the conditions
for the exam, the parties must timely notify me so that I may resolve them before the
exam. Finally, I will amend the case management order to accommodate this newly
scheduled Rule 35 examination.

Accordingly,
IT IS HEREBY ORDERED that defendant Culver-Stockton’s Motion for
Sanctions, for Order Compelling Physical Examination, and for Amendment of Case
Management Order [18] is DENIED to the extent Culver-Stockton requests that I
impose sanctions and compel Woodvine’s attendance at the rescheduled appointment.
The motion is GRANTED to the extent Culver-Stockton requests that I amend the case
management order to accommodate the rescheduled exam.
IT IS FURTHER ORDERED that the parties shall have to and including
March 9, 2017, by which to complete any Rule 35 examination. If there are any
remaining disputes about the conditions for the exam, the parties must meet and confer
and file a joint statement detailing these disputes no later than Wednesday, February
22, 2017.
In all other respects, the deadlines and schedule set out in the Amended Case
Management Order entered December 1, 2016 (ECF #17) remain in full force and
effect, including the schedule governing expert witnesses.

_______________________________
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

Dated this 7th day of February, 2017.

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