Baird v. Quality Foods, Inc.

RUBIN, District Judge:

The defendant seeks to compel the plaintiff, an Oklahoma resident, to appear in New Orleans for a physical examination by a doctor of the defendant’s choice. The plaintiff asserts that he should not be required to undergo the expense of a trip.

Rule 35 gives the court wide discretion concerning the terms and conditions that may be imposed in requiring a party to submit to a physical examination. See Moore’s Federal Practice ¶ 35.04. Although there is some division of authority, most judges have, in the usual case, *213ordered the plaintiff to appear for examination at the…