DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. CROIX
5
ALFRED LOPEZ,
5
5
Plaintiff,
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1:03-cv-3
v.
5
5
KMART CORPORATION,
5
5
Defendant.
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________________________________________________5
TO:
Lee J. Rohn, Esq.
Wilfredo A. Geigel, Esq.
ORDER REGARDING DEFENDANT’S MOTION REQUESTING BRIEF
EXTENSION
THIS MATTER came before the Court upon Defendant’s Motion Requesting Brief
Extension of Order For Medical Examination (Docket No. 106).  Plaintiff filed an opposition
to said motion.  The time for filing a reply has expired.
Defendant seeks a brief extension to August 4, 2009, for Plaintiff’s medical
examination that was ordered by the Court in its Order Regarding Defendant’s Motion
Requesting Sanctions (Docket No. 103), entered July 13, 2009.  Plaintiff filed an opposition,
but does not object to the extension of time.  Thus, the Court will extend the examination
deadline to August 4, 2009.
Case: 1:03-cv-00003-LDD   Document #: 108   Filed: 07/24/09   Page 1 of 3
Lopez v. Kmart Corp.
1:03-cv-3
Order Granting Defendant’s Motion Requesting Brief Extension
Page 2
Defendant also requests clarification of the Court’s said Order, where it directed that
“Plaintiff shall bear all his travel expenses and costs related to said IME.”  Plaintiff claims
that he returned the per diem to Defendant, but does not provide the proof as indicated by
his opposition.  Plaintiff also claims that Defendant did not lose the cost of Plaintiff’s
airfare, but will be assessed a change fee when the ticket is reissued.  Based upon Plaintiff’s
representations, the Court will order Defendant to provide Plaintiff with one (1) airline
ticket and per diem for Plaintiff, only.  The cost and expense for any additional traveler(s)
shall be borne by Plaintiff.  In addition, the Court clarifies that its previous order pertained
to travel costs and expenses only and not to the costs of the actual examination.  Thus,
Defendant cannot attempt to shift its responsibility to pay Dr. Fernandez for the
examination to Plaintiff.
Accordingly, it is hereby ORDERED:
1.
Defendant’s Motion Requesting Brief Extension of Order For Medical
Examination (Docket No. 106) is GRANTED.
2.
Paragraphs numbered 2 and 3 of the Court’s Order Regarding Defendant’s
Motion Requesting Sanctions (Docket No. 103), entered July 13, 2009, is
AMENDED as follows:
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Lopez v. Kmart Corp.
1:03-cv-3
Order Granting Defendant’s Motion Requesting Brief Extension
Page 3
a.
Plaintiff shall make himself available and attend a medical
examination, as previously agreed, at a date and time acceptable to
the examiner, on or before August 4, 2009.
b.
Defendant shall provide Plaintiff with a re-issued airline ticket for his
travel to said examination as well as the agreed-upon per diem for
Plaintiff.
c.
Plaintiff shall pay any change fee assessed by the airline for the
reissuance of his plane ticket and any travel costs and expenses for
any additional traveler(s).
3.
All other provisions of said Order remain unchanged and in full force and
effect.
ENTER:
Dated: July 24. 2009
/s/ George W. Cannon, Jr.                           
GEORGE W. CANNON, JR.
U.S. MAGISTRATE JUDGE
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