Looney v. National Railroad Passenger Corp.

*265MEMORANDUM AND FIRST ORDER ON AMTRAK’S MOTION FOR AN ORDER FOR RULE 35 PHYSICAL EXAMINATION (# 15)

COLLINGS, United States Magistrate Judge.

After a review of the cases cited and consideration of the oral arguments of counsel, it is ORDERED that Amtrak’s Motion For An Order For Rule 35 Physical Examination (# 15) be, and the same hereby is, ALLOWED. Although it is indeed true that the defendant does not have an absolute right to choose the doctor who will perform the examination, cases have held that absent a “valid objection” to the physician defendant chooses, defendant’s choice is to be…