Opinion
Case No. 2:03CV00516 TS
May 25, 2004
Lowell V, Smith, Eric K. Davenport, SMITH GLAUSER, Salt Lake City, Utah, for Defendants Swift Transportation Company, Inc. and Jamie L. Lehn
ORDER ON MOTIONS
Defendants' "Motion to Compel Independent Medical Examination, to Compel Discovery, and to Continue Scheduling Dates; or in the Alternative, Motion to Dismiss," and "Plaintiffs Motion for Informal Conference to Settle Discovery Disputes," came before this Court on May 5, 2004, at which time a hearing was held pertaining to these motions. Attorney Thomas R. Blonquist appeared at the hearing on behalf of Plaintiff Richard Smith; and attorney Eric K. Davenport appeared at the hearing on behalf of Defendants Swift Transportation Company, Inc. and Jamie L. Lehn. After reviewing the motions and supporting opposing memoranda, and after hearing oral argument from counsel on the motions, and for good cause shown, the Court enters the following orders:
1. IT IS ORDERED, ADJUDGED AND DECREED that Defendants' Motion to Compel Independent Medical Examination is hereby granted for the reasons asserted by defense counsel in defense counsel's memoranda and at oral argument. Subject to Harold K. Dunn, M.D.'s availability, Plaintiff is hereby ordered to submit to an independent medical examination to be performed by Harold K. Dunn, M.D. within forty-five (45) days of May 5, 2004. It is also ordered that the IME take place prior to surgery. Once scheduled, if there arises any need to cancel and reschedule the date of the IME, Plaintiffs counsel is hereby instructed to contact defense counsel prior to the cancelling and rescheduling of the IME, and that the rescheduling of the IME occur within the subject forty-five (45) day period, subject to Dr. Dunn's availability.
2. IT IS ORDERED, ADJUDGED AND DECREED that Defendants' Motion to Compel Discovery is hereby granted for the reasons asserted by Defendants' counsel in defense counsel's memoranda and at oral argument. Further, Plaintiff and his counsel are hereby ordered to produce to Defendants' counsel full and complete responses to all of Defendants' counsel's discovery requests, and that such responses of Plaintiff be hand-delivered to, and received at, Defendants' counsel's offices within forty-five (45) days of May 5, 2004. The discovery requests of defense counsel, (to which Plaintiff is ordered to respond within the forty-five (45) day period), include: interrogatories and requests for production of documents, and requests for supplementation of prior interrogatories and requests for production of documents and Plaintiff's Initial Disclosures; requests for information, records, documents and things in the depositions of Plaintiff; prior discovery requests to which Plaintiff did not respond or to which Plaintiff responded incompletely and/or insufficiently, and requests made in letters of defense counsel pertaining thereto; subpoenas to entities under the control of Plaintiff; discovery requests in prior letters of defense counsel; and all other discovery requests referred to in Defendants' memoranda, the exhibits to Defendants' memoranda, and at oral argument.
3. IT IS ORDERED, ADJUDGED AND DECREED that Defendants' motion to continue certain dates is hereby granted; new dates will be scheduled at the hearing with the Court on June 23, 2004 at 10:00 a.m., (and subject to the Court's ruling pertaining to Defendants' Motion to Dismiss, which motion the Court has taken under advisement).
4. Defendants' Motion to Dismiss, as well as Defendants' request for attorneys fees and costs, and fees pertaining to the previously cancelled IME, are taken under advisement.
5. IT IS ORDERED, ADJUDGED AND DECREED that "Plaintiff's Motion for Informal Conference to Settle Discovery Disputes" is hereby denied.