Opinion
Civil Action No.: 5:06CV112.
July 26, 2007
ORDER
On the July 5, 2007, Defendants filed a Motion to Compel Rule 35 Examinations [Docket Entry 43]. On July, 18 2007, Plaintiffs filed their Response in Opposition to Defendants' Motion to Compel Rule 35 Examinations [Docket Entry 46]. On July 20, 2007, the Court set the motion to compel for telephonic hearing for Thursday, July 26, 2007 [Docket Entry 48]. Defendants United Parcel Service, Inc., and Jeffrey W. Little's Reply Brief in Support of Their Motion to Compel Rule 35 Examination was filed on July 25, 2007 [Docket Entry 49].
On July 26, 2007, Defendant filed a Motion for Leave to Withdraw Motion to Compel Independent Medical Examination, asserting therein that Plaintiffs' counsels has agreed that Plaintiffs will attend the previously scheduled IME [Docket Entry 50].
Upon consideration of all which, the Court, hereby, GRANTS Defendants' Motion to Leave to Withdraw Motion to Compel Independent Medical Examination [Docket Entry 50] and ORDERS that Defendants' Motion to Compel Rule 35 Examinations [Docket Entry 43] be DENIED, as moot.
The Clerk is directed to provide a copy of this Order to counsel of record.