Opinion
Civil Action No. 08-cv-00249-LTB-KLM.
July 31, 2008
ORDER
This matter is before the Court pursuant to Defendants Lenny Seschin and Patterson-UTI Drilling Company's Motion for Examination of Plaintiff Pursuant to Fed.R.Civ.P. 35 [Docket No. 24; Filed July 11, 2008] (the "Motion"). Plaintiffs filed a response on July 24, 2008 [Docket No. 27], and Defendants filed a reply on July 30, 2008 [Docket No. 33].
The Motion seeks permission to conduct a medical examination of Plaintiff Roger Sealy. Plaintiffs acknowledge that Plaintiff Roger Sealy's physical condition is in controversy, but argue that Defendants fail to provide good cause for the Court to order a physical examination. Plaintiffs appear to suggest that because they provided medical records to Defendants and Defendants obtained an expert who reviewed those records and prepared a report, it would be unfair to allow Defendants a second expert to examine Plaintiff and testify on substantially similar matters. Response [#27] 2-4. Defendants counter that a review of the medical records did not fully apprise them of the full extent of Plaintiff Roger Sealy's alleged injuries. Reply [#33] at 1-2. The Court finds that Plaintiffs' arguments lack merit.
IT IS HEREBY ORDERED that the Motion is GRANTED. Pursuant to Fed.R.Civ.P. 35(a)(2)(B), Plaintiff Roger Sealy shall undergo an independent medical examination conducted by Dr. Robert Watson on August 7, 2008 at 10:00 a.m. at 8200 E. Belleview, #428-C, Greenwood Village, Colorado. The examination regarding Plaintiff Roger Sealy's alleged injuries shall consist of a physical examination with invasive questioning and shall be concluded in no more than three (3) hours.