Michael Hines et al vs Nancy Hoolahan
Case No: 18CV00941
Hearing Date: Fri Apr 19, 2019 9:30

Nature of Proceedings: (2) Motions to Compel IME/Sanctions; Motion to Compel Independent Neuropsychological Examination

TENTATIVE RULING:

The hearing on all motions is continued to May 3, 2019. The court makes further orders as set forth herein.

This is a personal injury action brought by plaintiffs Michael Hines and Marlene Hines against defendant Nancy Hoolahan arising out of a pedestrian-automobile accident.

Defendant has sought independent medical examinations of the plaintiffs. On March 15, 2019, the court granted three motions of defendant compelling certain IMEs. At the time of that hearing, two further motions to compel IMEs were pending and one additional IME had been discussed among the parties. The two pending motions (for IMEs by Dr. Alberstone) were and are scheduled for this hearing. Defendant has since filed a third motion to compel the additional IME (by Dr. Stenquist).

It appears from the parties’ filings that there is at this point no substantive dispute that the IMEs should take place. The unresolved issues are (1) the timing of the IMEs given that plaintiffs reside out of state and (2) an award of sanctions, if any.

Trial is now set for November 8, 2019.

The court also notes that plaintiffs’ oppositions were filed (at 8:54 p.m.) and served on April 9, 2019, for a hearing on April 19. Opposition was due on April 8, nine court days before the hearing. (See Code Civ. Proc., § 1005, subd. (b).) In view of the disposition below, the court will consider the untimely oppositions. However, the court expects that all further papers will be filed and served timely.

The court will order the following:

(1) The parties are ordered to meet and confer, in person or by telephone, and in good faith attempt to resolve the remaining scheduling issues for the IMEs. Absent strong reasons to the contrary, the court expects the IMEs to occur within the month of May. The parties should schedule their meet and confer session(s) with an aim to fully resolve all issues on or before April 25. While the court is not now inclined to award sanctions in favor of or against either party, the court will revisit that issue, as necessary, upon review of the parties’ meet and confer efforts. (See, e.g., Code Civ. Proc., § 2023.020.)

(2) On or before April 26, 2019, counsel for plaintiffs and defendant shall each, or jointly, file with the court a report stating either (i) that all issues have been resolved and the manner of their resolution, or (ii) that specified issues have been resolved, if any, and that specified issues remain unresolved.

(3) The hearing on these motions to compel will be continued to May 3, 2019, at 9:30 a.m. If the parties’ filings due April 26 state that any issue remains unresolved, counsel for both parties shall appear in person for the hearing. If any unresolved issue involves scheduling, each counsel shall bring to the hearing all available dates for the months of May, June, and July and shall be ready to discuss and resolve all such remaining scheduling issues.

(4) Counsel for defendant shall provide written notice of this order to all parties and shall file proof of service of such notice on or before April 16, 2019.