Stewart v. Burlington Northern Railroad

MEMORANDUM ORDER ERICKSON, United States Magistrate Judge.

I. Introduction

This matter came before the undersigned United States Magistrate Judge pursuant to a general assignment, made in accordance with the provisions of Title 28 U.S.C. § 636(b)(1)(A), upon the Defendant’s Motion to Compel a Rule 35 orthopedic examination of the Plaintiff.

A Hearing on the Motion was conducted on July 6, 1995, at which time the Plaintiff appeared by Paul A Strandness, Esq., and the Defendant appeared by Patrick J. Sweeney, Esq.

For reasons which follow, we deny the Motion to Compel.

II. Discussion

This action was…