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Spengler v. Brand Energy Solutions, LLC

United States District Court, W.D. Washington, Seattle

October 1, 2019

GEORGE SPENGLER, an individual, Plaintiff,
v.
BRAND ENERGY SOLUTIONS LLC, a Corporation, Defendant.

          FISHER & PHILLIPS, LLP By: Suzanne Kelly Michael, WSBA #14072 Matthew J. Macario, WSBA #26522 Fisher & Phillips, LLP Attorneys for Defendant

          ORDER GRANTING DEFENDANT'S MOTION TO COMPEL MENTAL AND PHYSICAL EXAMINATIONS PURSUANT TO FED. R. CIV. P. 35

          Thomas S. Zilly, United States District Judge

         THIS MATTER having been before the Court upon Defendant's Motion to Compel Mental and Physical Examinations Pursuant to Fed.R.Civ.P. 35, docket no. 22, the Court having reviewed the records and the files herein, including the motion and supporting declaration, response and supporting materials, reply and supporting materials, and the pleadings and records on file herein; and the Court deeming itself fully advised; now therefore it is hereby ORDERED that Defendant's Motion is GRANTED as follows:

         1. Dr. Elizabeth Ziegler is permitted to perform a neuropsychological interview and examination of Plaintiff George Spengler as part of his Fed.R.Civ.P. 35 mental (neuropsychological) examination associated with this lawsuit, with the following restrictions:

         a. The examination will be done in Everett, Washington on or before October 31, 2019, at a mutually agreeable date and time.

         b. Plaintiff will appear at the examination and submit to the examination as set forth herein without cost to the Plaintiff.

         c. The Defendant shall be responsible for providing to Dr. Ziegler any background materials that she may rely upon in conducting her examination and this information shall be provided to Plaintiff.

         d. The examination shall last no longer than 6 hours with necessary breaks (restroom, coffee, etc.). If desired, Plaintiff can arrange to have the examination scheduled to take place over two half days (3 hours each, with breaks) instead of one full day.

         e. In the event that any problems arise during the course of the examination, Dr. Ziegler will attempt to contact both attorneys for Plaintiff and Defendant in an effort to promptly resolve any such disputes.

         f. Dr. Ziegler will provide a list of her entire proposed collection of neuropsychological tests she proposes to give to Plaintiff at least one week in advance of testing and will only select tests included in this list for her exam.

         g. The scope of the examination shall be a forensic neuropsychological examination of the Plaintiff, consisting of an interview and standard neuropsychological tests and assessments. Dr. Ziegler will not be performing a problem-focused physical examination. No. x-rays, MRI's, CT scans, nor any other invasive procedures are permitted.

         h. Plaintiff shall not complete any medical history forms, pain diagrams, or intake forms related to the examination. Plaintiff shall complete testing forms provided by the examiner, if any.

         i. Upon request, Defendant will provide to Plaintiff's expert, Dr. Vandenbelt, a complete copy of Dr. Ziegler's file and all raw MMPI testing data (if any), including her entire written report, within thirty (30) days of the completion of the examination.

         j. Counsel for Defendant shall send a copy of the report, together with a copy of all notes taken by the examiner, with the exception of raw testing data, to Plaintiff's counsel ...


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