DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. CROIX
5
LYNETTE HARRIS,
5
5
Plaintiff,
5
2003-CV-0135
v.
5
5
KMART CORPORATION,
5
5
Defendant. 5
____________________________________5
TO:
Lee J. Rohn, Esq.
Wilfredo A. Geigel, Esq.
ORDER GRANTING DEFENDANT’S MOTION REQUESTING PHYSICAL
EXAMINATION OF PLAINTIFF UNDER FRCP 35
THIS MATTER came before the Court upon Defendant’s Motion Requesting
Physical Examination of Plaintiff Under FRCP 35 (Docket No. 235).  Plaintiff filed an
opposition to said motion, and Defendant filed a reply thereto.
Having reviewed the submissions of the parties and upon due consideration thereof,
the Court finds that re-examination of Plaintiff by Dr. Pedersen is warranted.  Defendant
asserts that Dr. Pedersen conducted his initial examination of Plaintiff on January 25, 2005.
Motion at 1.  Since such examination, Defendant claims that Plaintiff “underwent a surgical
procedure in August 2006.”  Id.  Nowhere in Plaintiff’s opposition does she deny having
had a surgical procedure in August 2006.  In view of the change in Plaintiff’s medical
Case: 1:03-cv-00135-TJS-GWC   Document #: 241   Filed: 12/12/07   Page 1 of 2
Harris v. Kmart Corp.
2003-CV-0135
Order Granting Defendant’s Motion Requesting Physical Examination
Page 2
condition after being examined by Dr. Pedersen, the Court finds that Defendant has
demonstrated good cause for a second medical examination and that it would be
manifestly unjust for Defendant to be forced to go to trial in the absence of such second
examination.
Accordingly, it is now hereby ORDERED
1.
Defendant’s Motion Requesting Physical Examination of Plaintiff Under
FRCP 35 (Docket No. 235) is GRANTED.
2.
Plaintiff shall make herself available at a time, date, and location for such
examination that is mutually acceptable to the parties.  Such examination
shall be completed on or before Friday, January 11, 2007.
3.
Counsel for Defendant shall serve Dr. Pedersen’s supplemental report upon
counsel for Plaintiff on or before Friday, January 25, 2007.
ENTER:
Dated: December 12, 2007
                                /s/                                   
GEORGE W. CANNON, JR.
U.S. MAGISTRATE JUDGE
Case: 1:03-cv-00135-TJS-GWC   Document #: 241   Filed: 12/12/07   Page 2 of 2