Motion For Protective Order Limiting Exam

MOTION FOR PROTECTIVE ORDER LIMITING EXAM

STATE OF ________________

IN THE _________ COURT FOR THE COUNTY OF ______________

PLAINTIFF Case No. _____________

Plaintiff,

v.

DEFENDANT 1; DEFENDANT 2;

DEFENDANT 3; and DEFENDANT

INSURANCE COMPANY,

Defendants.

PLAINTIFF’S MOTION FOR PROTECTIVE ORDER

NOW COMES Plaintiff, by and through his attorneys, the Law Offices of Michael J. Morse, P.C., and for his Motion for Protective Order, states as follows:

On [date], Plaintiff presented to Dr. John Doe’s office at 10:40 am for his scheduled 10:45 am defense medical exam.

Despite suffering from back problems (Plaintiff has already undergone two back surgeries), Plaintiff was forced to sit in Dr. Doe’s office for over 50 minutes, without ever being seen by the doctor.

Plaintiff decided to leave at 11:30 am, more than 50 minutes after arriving.

Dr. Doe’s behavior was unprofessional, unacceptable, annoying, and burdensome.

Good cause exists to issue a Protective Order to prevent further behavior by Dr. Doe.

Plaintiff is willing to return to Dr. Doe’s office for an examination; however, he must be protected from Dr. Doe’s behavior.

Dr. Doe is the same doctor who refused to abide by a properly issued subpoena in this case.

In an attempt to resolve this issue without requiring this Honorable Court’s intervention, Plaintiff’s counsel attempted to informally resolve this matter with Defense counsel.

Defense counsel refused to do so, and demanded that this Honorable Court intervene.

Thus, Plaintiff is required to petition this Court for a Protective Order, requiring Plaintiff be seen within 15 minutes of his scheduled appointment when he returns to Dr. Doe’s office or Dr. Doe will be stricken as a witness on this action.

A Protective Order is attached that requires:

A. Plaintiff’s attorney or representative shall be allowed to attend the entire evaluation/examination of Plaintiff.

B. The scope of the examination must be limited to Plaintiff’s conditions which are in controversy in this action, i.e., Plaintiff’s back.

C. Throughout this litigation, the evaluation, and trial, the Defense and Defense Medical Examiner cannot use the terms “independent,” “impartial,” “second opinion,” or the like, when referring to this evaluation.

D. The defense/insurance company’s doctor must be provided with a copy of the Order prior to the examination.

E. Plaintiff’s counsel shall receive a copy of all reports...