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Clemons v. Williams

United States District Court, D. Nevada

January 15, 2020

DE'MARIAN A. CLEMONS, Plaintiff,
v.
BRIAN WILLIAMS, et al ., Defendants.

          AARON D. FORD Attorney Genera D. RANDALL GILMER Chief Deputy Attorney General JARED M. FROST Senior Deputy Attorney General State of Nevada Office of the Attorney General Attorneys for Defendants Tanya Hill, Francisco Sanchez, Brian Williams, State of Nevada, and the Nevada Department of Corrections

          Jason K. Hicks, Esq. Greenberg Traurig, LLP Michael L. Rosenthal, Esq. Admitted Pro Hac Vice Stephen F. Raiola, Esq. Admitted Pro Hac Vice Covington & Burling LLP Attorneys for Plaintiff

          Kerry S. Doyle, Esq. Doyle Law Office, PLLC. CAROL A. KNIGHT, an employee of the Office of the Nevada Attorney General

          STATE DEFENDANTS' UNOPPOSED MOTION AND PROPOSED ORDER TO MAKE PLAINTIFF AVAILABLE FOR AN EXPERT MEDICAL EXAMINATION

         Defendants Tanya Hill, Francisco Sanchez, Brian Williams, State of Nevada, and the Nevada Department of Corrections Defendants Tanya Hill, Francisco Sanchez, Brian Williams, State of Nevada, and the Nevada Department of Corrections (the “State Defendants”), by and through counsel, Randall Gilmer, Chief Deputy Attorney General, and Jared M. Frost, Senior Deputy Attorney General, hereby move for an order compelling Plaintiff to make himself available for a physical examination. Defendants' unopposed motion is made and based on the following memorandum of points and authorities, the attached Declaration of Counsel, the pleadings and papers on file, and any additional evidence the Court deems appropriate to consider.

         MEMORANDUM OF POINTS AND AUTHORITIES

         I. BACKGROUND

         This is an inmate civil rights and state tort matter. In the First Amended Complaint, Plaintiff DeMarian Clemons alleges he suffered various physical injuries as the result of Defendants' acts or omissions. See ECF No. 242 at 3-4. On October 25, 2019, the Court granted Plaintiff's unopposed motion to make Plaintiff available for a medical examination by his expert. See ECF No. 276. Plaintiff's expert examination was recently completed, and the State Defendants now seek an order under Rule 35 to conduct their own expert medical examination.

         II. APPLICABLE LAW

         Rule 35 of the Federal Rules of Civil Procedure provides as follows:

(a) Order for an Examination.
(1) In General. The court where the action is pending may order a party whose mental or physical condition-including blood group-is in controversy to submit to a physical or mental examination by a suitably licensed or certified examiner. The court has the same authority to order a party to produce for examination a person who is in its custody or under its legal control.
(2) Motion and Notice; Contents of the Order. The order:
(A) may be made only on motion for good cause and on notice to all parties and the person to be examined; and
(B) must specify the time, place, manner, conditions, and scope of the examination, as well as the person or ...

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