Judge: Michael T. Smyth, Case: 37-2022-00038785-CU-PA-CTL, Date: 2024-05-24 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 23, 2024

05/24/2024  09:00:00 AM  C-67 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Michael T. Smyth

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Civil - Unlimited  PI/PD/WD - Auto Discovery Hearing 37-2022-00038785-CU-PA-CTL AGIY VS PILGER [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 03/27/2024

Defendants Amazon.com., Inc., Amazon.com Services, LLC, and Amazon Logistics, Inc.'s Motion to Compel IMEs is GRANTED. From the parties represented that Plaintiff has agreed to appear for the IME with Dr. Vincent Filoteo and Dr. Manuel Saint Martin subject to two outstanding issues.

First, the court finds that Dr. Filoteo has reasonable discretion to adapt disclosed tests as needed for the exam but not to perform undisclosed tests. If there are potential alternative tests that are anticipated, Defendant must disclose them prior to the examination. (See Code Civ. Proc., § 2032.320(d).) Second, the court denies Plaintiff's request that the raw data be turned over to counsel. The parties have already agreed to an exchange of raw data between experts and, while the court has discretion to order it also be provided to counsel, it declines to do so at this time. (Cf. Randy's Trucking, Inc. v. Super.

Ct. of Kern Cnty. (2023) 91 Cal.App.5th 818, 842 [court has discretion to order raw data be provided to counsel subject to a protective order].) The denial is without prejudice to Plaintiff bringing a noticed motion to compel the release of the raw data to counsel but advises that the court will not change its position unless there is significant need.

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