Moore v. The Boeing Company et al

Filing 53

ORDER granting defendant's 45 Motion to Compel Independent Medical Examination of Plaintiff Lisa Moore. Signed by Judge Thomas S. Zilly. (SWT)

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The Honorable Thomas S. Zilly

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UNITED STATES DISTRICT COURT

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WESTERN DISTRICT OF WASHINGTON

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AT SEATTLE

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LISA MOORE,
Plaintiff,

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v.

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Case No. 2:17-cv-00800-TSZ

THE BOEING COMPANY, a Delaware
Corporation and DOES 1-10;

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ORDER GRANTING DEFENDANTS’
MOTION TO COMPEL
INDEPENDENT MEDICAL
EXAMINATION OF PLAINTIFF
LISA MOORE

Defendants..

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M ORGAN , L EWIS &
B OCKIUS LLP
ATTO RNEY S AT LAW

ORDER GRANTING DEFENDANTS’ MOTION
CASE NO. 2:17-CV-00800-TSZ

L OS A NGE LE S

DB2/ 33807738.1

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ORDER

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Defendant The Boeing Company (“Defendant”) brought this motion to

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compel the Independent Medical Examination (“IME”) of Plaintiff Lisa Moore

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(“Plaintiff”), docket no. 45, (the “Motion”) before this Court. After considering all

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papers filed in support of, and in opposition to, the Motion, the Court GRANTS the

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Motion. The Court finds good cause to compel the mental examination of Plaintiff

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pursuant to Federal Rule of Civil Procedure 35.

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The Court therefore ORDERS Plaintiff to submit to the following

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examinations:

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1.

Plaintiff shall submit to the mental examination conducted by Gerald

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Rosen, Ph.D., a Board Certified psychiatrist, on October 8, 2018 at 9:00 a.m. and

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October 11, 2018 at 9:00 a.m. at 1201 Third Avenue, Suite 5150, Seattle,

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Washington 98101. Dr. Rosen will conduct a standard interview, which will

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generally consist of questions about Plaintiff’s intentional infliction of emotional

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distress and mental health damages claim, including but not limited to evaluation

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and history of the mental illnesses alleged; past psychiatric and psychological

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history; general medical and surgical history; history of substance abuse; inquiry

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into the Plaintiff’s psychosocial and development history; relationship and marital

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history; litigation history; educational, social, and occupational history; family

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history; a complete review of all bodily systems and current symptoms; current

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living situation; and exploration of other causes and other stressors, including

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criminal history (e.g., history of arrest or incarceration) in Plaintiff’s life that may

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have impacted and may continue to impact her mental health and/or mental state

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and condition. To the extent that Plaintiff’s prior existing medical conditions and

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treatment have impacted and may continue to impact her mental health and/or

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mental state, Dr. Rosen may inquire into such subjects. However, Plaintiff will not

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be asked about any of her conversations with counsel or her counsel’s evaluation of

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M ORGAN , L EWIS &
B OCKIUS LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

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DB2/ 33807738.1

ORDER GRANTING DEFENDANTS’ MOTION
CASE NO. 2:17-CV-00800

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her claims.
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Dr. Rosen will also administer to Plaintiff the following psychological

instrument: Minnesota Multiphasic Personality Inventory-2 (“MMPI-2”).

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Dated: August 29, 2018.

A

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Thomas S. Zilly
United States District Judge

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M ORGAN , L EWIS &
B OCKIUS LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

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DB2/ 33807738.1

ORDER GRANTING DEFENDANTS’ MOTION
CASE NO. 2:17-CV-00800