Opinion
Case No. 1:12-cv-464
04-16-2013
JESSICA KUZNER, Plaintiff, v. BONEFISH GRILL, LLC, et al., Defendants.
Weber, J.
Litkovitz, M.J.
ORDER
This matter is before the Court following an informal telephonic discovery conference held on April 16, 2013, regarding whether plaintiff's counsel would be permitted to attend the independent medical examination of plaintiff.
As stated during the conference, third-parties, including plaintiff's counsel, are general prohibited from attending medical examinations "unless special circumstances require it." Stefan v. Trinity Trucking, LLC, 275 F.R.D. 248, 250 (N.D. Ohio 2011). Only where the party seeking the presence of counsel at an examination makes a showing of good cause will courts permit such monitoring. Id. at 249. Good cause is found where the requesting party demonstrates the existence of "special circumstances," such as where: a plaintiff is uneducated, easily confused, or has difficulty speaking or understanding English; the examination would be harmful to the plaintiff's well-being; or the examiner employs techniques that are questionable or discredited by the medical community. Id. at 249-50 (and cases cited therein).
Here, plaintiff's only proffered reason for requesting the presence of her counsel at the independent medical examination is for her "comfort." Plaintiff's potential discomfort does not suffice to meet the requisite good cause showing for permitting counsel's presence at the examination. For these reasons and as stated in the conference, plaintiff's request that her attorney be present during her independent medical examination is denied.
IT IS SO ORDERED.
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Karen L. Litkovitz
United States Magistrate Judge