Angela Ratliff Waxter v. Progressive Express Insurance Company, et al.

Summary

The United States District Court for the Eastern District of Louisiana grants defendants’ motion to compel as to the remaining issue of a rescheduling fee for a plaintiff’s missed independent medical examination. The court finds good cause to require the plaintiff to reimburse defendants for the $3,500 fee, less any amount credited toward the examination, because her conduct was negligent or reckless even though it was not shown to be in bad faith.

Holdings

1. Although Federal Rule of Civil Procedure 35 did not itself provide for fee shifting and no order compelling plaintiff's attendance had been issued, the court had authority to allocate the expense upon a finding of good cause and possessed inherent authority to sanction abuses of the judicial process.
2. Good cause existed to require plaintiff to reimburse defendants for the independent medical examination rescheduling fee, less any amount credited toward the examination fee.

Questions Presented

1. Whether the court could require plaintiff to pay the independent medical examination rescheduling fee even though no court order compelling her attendance had been issued.
2. Whether good cause existed to shift the rescheduling fee to plaintiff despite the court finding no bad faith.

Disposition

other