LABAR v. MCDONALD et al, No. 5:2010cv01108 - Document 37 (E.D. Pa. 2011)
Court Description: OPINION/ORDER THAT COUNSEL FOR PLAINTIFFS SHALL BE PERMITTED TO ATTEND THE INDEPENDENT PSYCHOLOGICAL EXAMINATION OF PLAINTIFF. COUNSEL FOR PLAINTIFFS SHALL NOT BE PRESENT DURING THE ADMINISTRATION OF ANY PSYCHOLOGICAL TESTING. IT IS FURTHER ORDERED THAT COUNSEL FOR PLAINTIFFS SHALL BE PERMITTED TO PERSONALLY AUDIO TAPE THE INDEPENDENT PSYCHOLOGICAL EXAMINATION OF THE PLAINTIFF. COUNSEL FOR PLAINTIFFS SHALL NOT AUDIO TAPE ANY PORTION OF THE EXAMINATION WHICH ENCOMPASSES PSYCHOLOGICAL TESTING. IT IS FURTHER ORDERED THAT DEFENDANTS' REQUEST THAT PLAINTIFFS BEAR FINANCIAL RESPONSIBILITY WITH RESPECT TO THE CANCELLATION OF DR. DAUBER'S EXAMINATION IS DENIED. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 11/4/11. 11/4/11 ENTERED AND COPIES E-MAILED.(ky, )
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA _________________________________________ : NICOLE LaBAR, a Minor, by KELLI LaBAR and : WILLIAM LaBAR, Parents and Guardians : : Plaintiffs : : vs. : CIVIL ACTION NO. 10-1108 : MARIAN McDONALD, M.D.; : ST. LUKE S PHYSICIAN GROUP, INC., formerly : known as St. Luke s Health Services, Inc., doing : business as Keystone Surgical Associates; and : ST. LUKE S HOSPITAL OF BETHLEHEM, PA, : trading as St. Luke s Hospital and Health Network : : Defendants : _________________________________________ : ORDER AND NOW, this 4th day of November, 2011, upon consideration of the letters of the parties;1 and for the reasons expressed in the foregoing Memorandum, IT IS ORDERED that counsel for plaintiffs shall be permitted to attend the independent psychological examination of plaintiff. Counsel for plaintiffs shall not be present during the administration of any psychological testing. IT IS FURTHER ORDERED that counsel for Plaintiffs shall be permitted to personally audio tape the independent psychological examination of the plaintiff. Counsel for plaintiffs shall not audio tape any portion of the examination which encompasses psychological testing. 1 This discovery matter was brought to the Court s attention by virtue of defendants letter motion dated October 20, 2011. Plaintiffs responded via letter dated October 25, 2011. W ith this Court s verbal permission, defendants filed a reply letter on October 31, 2011. IT IS FURTHER ORDERED that defendants request that plaintiffs bear financial responsibility with respect to the cancellation of Dr. Dauber s examination is DENIED. BY THE COURT: /s/ Henry S. Perkin HENRY S. PERKIN, United States Magistrate Judge
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