DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. CROIX
5
KENNOX “LEE” PLANTE,
5
5
Plaintiff,
5
2005-CV-0126
v.
5
5
ORGILL INCORPORATED,
5
5
Defendant/Third-Party Plaintiff 5
5
v.
5
YUN FU ENTERPRISES CO.
5
5
Third-Party Defendant.
5
________________________________________________5
TO:
Lee J. Rohn, Esq.
Simone R.D. Francis, Esq.
ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL
THIS MATTER came before the Court upon Plaintiff’s Motion to Compel Defendant
to Pay Airfare and Per Diem For Defendant’s Independent Medical Examination (Docket
No. 110).  Defendant filed an opposition to said motion, and Plaintiff filed a reply thereto.
Having reviewed the submissions of the parties and upon due consideration thereof,
the Court finds that Defendant offered to pay Plaintiff’s airfare and per diem and may not
withdraw such offer.  The Court finds Defendant’s stated reason for rescinding itcs
agreement is improper.  In the event Defendant determined that the filing of its motion to
Case: 1:05-cv-00126-RLF-GWC   Document #: 113   Filed: 10/01/08   Page 1 of 2
Plante v. Orgill Inc.
2005-CV-0126
Order Granting Plaintiff’s Motion to Compel
Page 2
conduct mental examination was onerous, it could have applied to the Court for an award
of attorney’s costs and fees associated therewith.
Accordingly, it is hereby ORDERED:
1.
Plaintiff’s Motion to Compel Defendant to Pay Airfare and Per Diem For
Defendant’s Independent Medical Examination (Docket No. 110) is
GRANTED.
2.
Defendant shall pay for Plaintiff’s travel expenses, including per diem,
associated with Plaintiff’s attendance at his independent medical examination
with Dr. Ann Barnard currently scheduled for October 3, 2008, in St. Thomas,
U.S. Virgin Islands.
ENTER:
Dated: October 1, 2008
                                /s/                                    
GEORGE W. CANNON, JR.
U.S. MAGISTRATE JUDGE
Case: 1:05-cv-00126-RLF-GWC   Document #: 113   Filed: 10/01/08   Page 2 of 2