Farrellton McCullough v. Lowe’s Home Center LLC, et al.

Summary

The court denied without prejudice Defendant Lowe’s Home Centers, LLC’s motion seeking Rule 35 physical examinations of the plaintiff and restrictions on third-party attendance. The court held that the motion failed to comply with Local Rule 3.01(g)’s conferral requirement and criticized the time-sensitive filing of relief related to examinations scheduled shortly after the motion was filed.

Holdings

1. A motion that seeks an order authorizing Rule 35 examinations and imposing conditions on those examinations must be supported by a Local Rule 3.01(g) certification showing meaningful conferral about the relief actually requested, not merely agreement or disagreement about examination dates. Defendant’s certification was insufficient, so the motion was denied without prejudice.
2. A Rule 35 examination conducted pursuant to the parties’ agreement does not necessarily require a court order.

Questions Presented

1. Whether Defendant’s Rule 35 motion complied with Middle District of Florida Local Rule 3.01(g)’s requirement of meaningful conferral before filing a disputed motion.
2. Whether a stipulated Rule 35 examination requires a court order.
3. Whether the time-sensitive designation justified immediate consideration of the requested Rule 35 relief.

Disposition

other