Smith v. Koplan

215 F.R.D. 11, 2003 U.S. Dist. LEXIS 7967, 91 Fair Empl. Prac. Cas. (BNA) 1653, 2003 WL 21057853
CourtDistrict Court, District of Columbia
DecidedMay 13, 2003
DocketCiv.A. No. 01-2581 (JGP/JMF)
StatusPublished
Cited by9 cases

This text of 215 F.R.D. 11 (Smith v. Koplan) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Koplan, 215 F.R.D. 11, 2003 U.S. Dist. LEXIS 7967, 91 Fair Empl. Prac. Cas. (BNA) 1653, 2003 WL 21057853 (D.D.C. 2003).

Opinion

MEMORANDUM OPINION

FACCIOLA, United States Magistrate Judge.

This cáse was referred to me by Judge Penn pursuant to LCvR 72.2(a) for the resolution of various discovery disputes. Currently pending before me is defendant’s Motion For Order Directing Plaintiff To Submit To An Independent Medical Examination. For the reasons stated herein, defendant’s motion for an independent medical examination will be granted.

BACKGROUND

This is a Title VII discrimination case based on national origin. The plaintiff, Polina Smith, alleges that she was discriminated against while employed at the International Trade Commission (“ITC”) because of her Russian-Ukranian-Jewish-Soviet background. As part of her complaint, plaintiff has alleged both physical and emotional damages. Complaint, H 66. Specifically, plaintiff asserts that, as a result of defendant’s actions, “her morale and feelings as an American citizen” have been damaged as well the “successful practice of her [legal] profession.” Id. Plaintiff also alleges that “[s]he became depressed, withdrawn, overwhelmed and isolated” due to the hostile work environment she was subjected to by defendant. Id. Furthermore, plaintiff diagnoses her symptoms as “a continuing high-level [of] depression as a result of [the] hostile work environment and discrimination by the ITC.” Plaintiff’s Memorandum Of Points And Authorities In Opposition To Defendant’s Motion For An Order Directing Plaintiff To Submit To An Independent Medical Examination (“P.Memo.”), Exhibit A at 22.

On October 4, 2002,1 held a status conference on the pending discovery motions in this case. At that status conference, the parties meticulously analyzed and argued the merits of each and every interrogatory and each document request that were still in dispute. In accordance with my rulings from the bench,-1 subsequently issued an Order on October 15, 2002, granting in part and denying in part both Defendant’s Motion for Order Allowing Additional Time for Deposition of Plaintiff and Defendant’s Motion for Order Compelling Compliance With Rule 26(a) Initial Disclosures and With Written Discovery Requests. I declined to rule on defendant’s motion for an independent medical examination, providing plaintiff with the chance to supplement her briefing in order to distinguish her case from that of Chiperas v. Rubin, 1998 WL 765126, *1 (D.D.C. Nov. 3, 1998). Plaintiff having timely filed her supplemental response, defendant’s motion is now ripe for resolution.

ANALYSIS

Federal Rule of Civil Procedure 35(a) provides that an order for a physical or mental examination may be made only on “motion for good cause shown” and “with notice to the person examined and all other parties.” Fed.R.Civ.P. 35(a). An order for the physical or mental examination of a party is not granted as of right. When the matter is contested, it is left to the sound discretion of the trial court. Stinchcomb v. U.S., 132 F.R.D. 29, 30 (D.Pa.1990)(finding that the decision on whether to compel physical examination is committed to discretion of court, even when good cause is shown); U.S. v. [13]*13Butler, 325 F.Supp. 886, 887 (D.D.C.1971). The Supreme Court, in Schlagenhauf v. Holder, 379 U.S. 104, 85 S.Ct. 234, 13 L.Ed.2d 152 (1964), held that the requirements that the moving party show “good cause” and that the condition to be examined be “in controversy” are limitations on the use of the rule, rather than “a mere formality.” Id. at 118, 85 S.Ct. 234. As the Court noted, these limitations

are not met by mere conclusory allegations of the pleadings — nor by mere relevance to the case — but require an affirmative showing by the movant that each condition as to which the examination is sought is really and genuinely in controversy and that good cause exists for ordering each particular examination. Obviously, what may be good cause for one type of examination may not be so for another. The ability of the movant to obtain the desired information by other means is also relevant.

Id.

Moreover, the Court indicated that in some situations the pleadings alone meet these requirements. Id. at 119, 85 S.Ct. 234. For example, an employee who seeks compensatory damages for emotional pain suffered as a result of employer’s action has placed the existence and extent of their alleged mental injury in controversy, giving the employer good cause to seek examination. Shepherd v. American Broadcasting Companies, Inc., 151 F.R.D. 194, 212-13 (D.D.C.1993), vacated on other grounds, 62 F.3d 1469 (D.C.Cir. 1995). See also Gattegno v. Pricewaterhousecoopers, L.L.P., 204 F.R.D. 228 (D.Conn.2001)(holding that employee placed her mental state in controversy to an extent sufficient to justify a mental examination in her gender and age discrimination suit, having alleged that she had suffered mental anguish, physical and emotional distress, humiliation, and embarrassment).

In the instant case, plaintiff claims that she has suffered “physical, emotional and economic damages” as a direct result of defendant’s discriminatory behavior. Complaint, If 66. Plaintiff further alleges that she has symptoms of depression and anxiety that have left her “hopeless about the future” and that her “life [has] been a failure.” P. Memo., Exhibit A at 23. Moreover, she asserts that “these and other symptoms [have] eontinue[d] to persist for almost three years now.” Id. at 24. This statement alone is evidence that plaintiff has placed an ongoing mental illness in controversy, providing defendant with good cause to request a mental examination. See Thiessen v. General Elec. Capital Corp., 178 F.R.D. 568 (D.Kan.1998)(excerpts from plaintiffs deposition in which he identified specific injuries he claimed were caused by defendant’s alleged misconduct established that his mental condition was in controversy and afforded good cause for a mental examination of the plaintiff); Ali v. Wang Laboratories, 162 F.R.D. 165 (M.D.Fla.1995)(statements in plaintiffs answers to interrogatories were sufficient to place his mental condition in controversy, and good cause shown for such an examination).

Plaintiff attempts to distinguish her case from Chiperas v. Rubin, 1998 WL 765126, *1 (D.D.C. Nov. 3, 1998), by arguing that she has “not presented any specific medically diagnosed condition ‘in controversy ” and has alleged only general emotional damages. Plaintiffs Supplemental Briefing In Opposition To Defendant’s Motion For An Order Directing Plaintiff To Submit To An Independent Medical Examination (“P.Supp.”) at 2. In Chiperas, the plaintiff retained an expert witness who produced a report, diagnosing him with Major Depressive Disorder, in support of his claim that he suffered emotional distress at the hands of his employer. Chiperas, 1998 WL 765126, at *2. As a result of plaintiffs intention to call an expert witness in support of his claim, the court found that it was appropriate to order a mental examination. Id. at *2-3.

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215 F.R.D. 11, 2003 U.S. Dist. LEXIS 7967, 91 Fair Empl. Prac. Cas. (BNA) 1653, 2003 WL 21057853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-koplan-dcd-2003.