BURNETT v. USAA GENERAL INDEMNITY COMPANY

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UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
PATRICIA BURNETT,
Plaintiff,
v. 	Case No.: 3:25cv1470/ZCB
USAA GENERAL
INDEMNITY COMPANY,
Defendant.
_____________________________/
ORDER
Defendant has filed a request for a Rule 35 physical examination of
Plaintiff set to take place on Monday, April 6, 2026, at 9:30 a.m. central
time, 	at 	the 	office 	of 	Anchor 	Court 	Reporting, 	229 	S. 	Baylen 	St.,
Pensacola, FL 32502. (Doc. 26).
“Rule 35 allows a court, for good cause, to order a party whose
mental or physical condition is in controversy to submit to a physical or
mental examination by a suitably licensed or certified examiner.” Brewer
v. Norfolk S. Ry. Co., No. 4:21cv241, 2023 WL 1529382, at *1 (N.D. Ga.
Feb. 3, 2023) (cleaned up). To obtain a Rule 35 order, two elements must
be met: (1) “the physical state of the party must be in controversy”; and
(2) “the moving party must show good cause as to why the motion should
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be granted.” 	Comiter v. Sears, Roebuck & Co., No. 08-80576-CIV, 2008
WL 11333497, at *2 (S.D. Fla. Nov. 21, 2008).
Defendant’s request states that Plaintiff’s physical condition is in
controversy and there is good cause for the exam. (Doc. 26 at 3). Plaintiff
will be permitted to respond before the Court rules on Defendant’s
request.
Accordingly, 	it 	is 	ORDERED 	that 	Plaintiff 	may 	respond 	to
Defendant’s Rule 35 request (Doc. 26) on or before March 25, 2026. If
Plaintiff has no opposition to Defendant’s request, Plaintiff shall file a
notice with the Court advising as much by the same deadline.
It is so ORDERED. This 20th day of March 2026.
/s/ Zachary C. Bolitho
Zachary C. Bolitho
United States Magistrate Judge
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