Gensbauer v. May Department Stores Co.

MEMORANDUM AND ORDER

ANITA B. BRODY, District Judge.

In this personal injury action, the parties agreed to defendant’s scheduling an independent medical examination (I.M.E.) of plaintiff on April 7, 1999. By letter dated March 23, 1999, defendant informed plaintiff that the I.M.E. would be canceled if plaintiffs attorney insisted on being present for the examination. Plaintiff then filed a motion for a protective order pursuant to Federal Rule of Civil Procedure 26(c), to allow the attendance of plaintiffs counsel at the defendant’s I.M.E. of plaintiff.

Federal Rule of Civil Procedure 35(a),…