David G. Merner

The plaintiffs brought a motion in writing to compel the defendants to produce documentation obtained from non-parties pursuant to a prior court order.

The defendants responded that they had not yet received any documents from the non-parties and agreed to provide them to the plaintiffs in due course once received.

The court dismissed the plaintiffs' motion as premature, without prejudice to their right to bring it back if the defendants fail to produce the documents after receiving them.

The defendant requested a case conference to compel the plaintiff to sign a medical authorization form prior to an independent medical examination with a psychiatrist.

The plaintiff's counsel failed to attend the case conference despite being notified.

The court held that the issue could be determined expeditiously at a case conference under Rule 50.13.

The court ordered the plaintiff to execute the authorization, noting that it simply sets out the plaintiff's obligation to provide an accurate medical history and list of injuries, which is standard and necessary for the examiner to produce a report under Rule 53.03.