Suid, Sadeka v. Kmart Corporation
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX 5 SADEKA SUID and ZUHAR SUID as father 5 and next of friend for ABDALLAH SUID, 5 a minor, 5 2005-CV-0087 5 Plaintiffs, 5 v. 5 5 KMART CORPORATION, 5 5 Defendant. 5 __________________________________________5 TO: Lee J. Rohn, Esq. Wilfredo A. Geigel, Esq. ORDER REGARDING DEFENDANT’S MOTION REQUESTING PHYSICAL EXAMINATION THIS MATTER came before the Court upon Defendant’s Motion Requesting Physical Examination of Plaintiff Under FRCP 35 (Docket No. 90). Plaintiff filed an opposition to said motion. This order is issued without necessity of a reply. Having reviewed the submissions of the parties, the Court finds that Defendant failed to comply with LRCi 37.1, requiring counsel for the parties to confer in good faith prior to the filing of such motion. Consequently, the Court will strike the said motion and order counsel to meet and confer. In the event the parties are unable to agree regarding the physical examination of Plaintiff, Defendant may re-file its motion. …
Download the original document · Plain text (TXT) · Browse the archive · How this archive works
Original source: https://www.govinfo.gov/content/pkg/USCOURTS-vid-1_05-cv-00087/pdf/USCOURTS-vid-1_05-cv-00087-0.pdf
SHA-256 aab73bd33a962bcc5942728d0b01d07c9d2f7e2d70aa3b87c3d86d8456e1f78e
Re-using this document
two independent grounds: a work of the United States Government under 17 USC 105, AND a judicial opinion, which is an edict of government and uncopyrightable by anyone including the court that wrote it
Our description, tagging, arrangement, extracted text and machine transcripts are released under CC0 1.0. We assert nothing about the document itself.
Archive identifier LF-aab73bd33a96
Document text
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX 5 SADEKA SUID and ZUHAR SUID as father 5 and next of friend for ABDALLAH SUID, 5 a minor, 5 2005-CV-0087 5 Plaintiffs, 5 v. 5 5 KMART CORPORATION, 5 5 Defendant. 5 __________________________________________5 TO: Lee J. Rohn, Esq. Wilfredo A. Geigel, Esq. ORDER REGARDING DEFENDANT’S MOTION REQUESTING PHYSICAL EXAMINATION THIS MATTER came before the Court upon Defendant’s Motion Requesting Physical Examination of Plaintiff Under FRCP 35 (Docket No. 90). Plaintiff filed an opposition to said motion. This order is issued without necessity of a reply. Having reviewed the submissions of the parties, the Court finds that Defendant failed to comply with LRCi 37.1, requiring counsel for the parties to confer in good faith prior to the filing of such motion. Consequently, the Court will strike the said motion and order counsel to meet and confer. In the event the parties are unable to agree regarding the physical examination of Plaintiff, Defendant may re-file its motion. Case: 1:05-cv-00087-RLF-GWC Document #: 92 Filed: 04/16/08 Page 1 of 2 Suid v. Kmart Corp. 2005-CV-0087 Order Regarding Defendant’s Motion Requesting Physical Examination Accordingly, it is now hereby ORDERED: 1. Defendant’s Motion Requesting Physical Examination of Plaintiff Under FRCP 35 (Docket No. 90) is STRICKEN. 2. Counsel shall meet and confer, at time and place mutually convenient, on or before Friday, May 2, 2008. 3. If, after such conference, any dispute regarding any or all of the discovery requests at issue remains, Defendant may re-file their motion, with a proper LRCi 37.1 certification and including the details of such conference of counsel. 4. Any failure or refusal to meet and confer or to meet and confer in good faith shall result in sanctions. ENTER: Dated: April 16, 2008 /s/ GEORGE W. CANNON, JR. U.S. MAGISTRATE JUDGE Case: 1:05-cv-00087-RLF-GWC Document #: 92 Filed: 04/16/08 Page 2 of 2