United States District Court, W.D. Washington, Seattle
& 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.
S. Zilly, United States District Judge
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:
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:
examination will be done in Everett, Washington on or before
October 31, 2019, at a mutually agreeable date and time.
Plaintiff will appear at the examination and submit to the
examination as set forth herein without cost to 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
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
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.
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.
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.
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.
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
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