DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. CROIX
5
SADEKA SUID and ZUHAR SUID as father 5
and next of friend for ABDALLAH SUID,
5
a minor,
5
2005-CV-0087
5
Plaintiffs,
5
v.
5
5
KMART CORPORATION,
5
5
Defendant. 5
__________________________________________5
TO:
Lee J. Rohn, Esq.
Wilfredo A. Geigel, Esq.
ORDER REGARDING DEFENDANT’S MOTION REQUESTING PHYSICAL
EXAMINATION
THIS MATTER came before the Court upon Defendant’s Motion Requesting
Physical Examination of Plaintiff Under FRCP 35 (Docket No. 90).  Plaintiff filed an
opposition to said motion.  This order is issued without necessity of a reply.
Having reviewed the submissions of the parties, the Court finds that Defendant
failed to comply with LRCi 37.1, requiring counsel for the parties to confer in good faith
prior to the filing of such motion.  Consequently, the Court will strike the said motion and
order counsel to meet and confer.  In the event the parties are unable to agree regarding the
physical examination of Plaintiff, Defendant may re-file its motion.
Case: 1:05-cv-00087-RLF-GWC   Document #: 92   Filed: 04/16/08   Page 1 of 2
Suid v. Kmart Corp.
2005-CV-0087
Order Regarding Defendant’s Motion Requesting Physical Examination
Page 2
Accordingly, it is now hereby ORDERED:
1.
Defendant’s Motion Requesting Physical Examination of Plaintiff Under
FRCP 35 (Docket No. 90) is STRICKEN.
2.
Counsel shall meet and confer, at time and place mutually convenient, on or
before Friday, May 2, 2008.
3.
If, after such conference, any dispute regarding any or all of the discovery
requests at issue remains, Defendant may re-file their motion, with a proper
LRCi 37.1 certification and including the details of such conference of
counsel.
4.
Any failure or refusal to meet and confer or to meet and confer in good faith
shall result in sanctions.
ENTER:
Dated: April 16, 2008
                                /s/                                   
GEORGE W. CANNON, JR.                      
U.S. MAGISTRATE JUDGE
Case: 1:05-cv-00087-RLF-GWC   Document #: 92   Filed: 04/16/08   Page 2 of 2