Free Motion to Compel - District Court of Delaware - Delaware

Case 1 :04-cv-01538-SLR Document 72-3 Filed 09/16/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

IIEIDI VASCEK, individually and as :
Administratrix of the ESTATE OF :
JOHN VASCEK, JR., :
Plaintiffs, :
: C.A. N0. 04-1538
vs. :
UNITED ?ARCEL SERVICE, INC. and
MARK HARD, :
Defendants. :

ORDER
AND NOW, this day of , 2005 it is hereby ORDERED that
Defendant Mark Bard submit to a physical examination by an audioiegist or other medical
speciaiist qualiiied to determine Mark Bard’s bearing acuity and ophthaimoiogisi or other
medical specialist qualified to determine Mr. Bard’s visuai acuity.
This examination wiil be conducted within twenty (20) days, but rio later than ten (10)
days ofore the discovery deadline, October 5, 2005.
UNITED STATES DISTRICT JUDGE

Case 1 :04-cv—01538-SLR Document 72-3 Filed 09/16/2005 Page 2 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
HEIDI VASCEK, individually and as :
Administratrix of the ESTATE OF :
JOHN VASCEK, JR., :
Plaintiffs, :
: (LA. No. 044538
vs. :
UNITED PARCEL SERVTCE, INC. and :
MARK BART}, :
Defendants. :
ORDER
AND NOW, this day of , 2005 upon consideration of
Plaintiffs Motion to Cornpel the inspection of the Subject UPS Van, IT IS HEREBY
ORDERED that said motion is granted and that Plaintiff shall be allowed to conduct the
following inspection:
I. The UPS van will be at the accident scene and audio and visual recording devices
can be installed.
2. During the coarse of the test, a device recording sound levels will be placed in the
package van by Plaintiffs expeit engineer.
3. The Vascek motorcycle will travel towards the accident scene at various speeds
and various gears and- the sound level from the van will he recorded. These tests will he repeated
at various positions on the roadway.
4. A video camera will he placed at the eye level of the Defendant driver, Bard and
record the line of sight from the driv·er’s seat of the van toward the oncoming motorcycle.
5. A second camera will be placed on the motorcycle.
6. A third camera will be placed on the roadway in the center of l\/lontshannon Road
pointed in the direction from which the motorcycle approached.
7. Before the van is driven to the accident scene, Plaintiff s expert engineer will do a
sound test of the van at UPS’ Newark facility.
S. Before the van is driven to the accident scene, Plaintiff expert engineer will do an
inspection of tires and undercarriage of the van by having the van placed on a lift at l.iPS’
Newark facility.
IT IS FURTHER ORDERED that testing and inspection be scheduled within fourteen
(I4) days of this Order or face appropriate sanctions upon application to the Court. p
UNITED STATES DISTRICT JUDGE

Case 1 :04-cv—01538-SLR Document 72-3 Filed 09/16/2005 Page 3 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
HEIDI VASCEK, individually and as :
Administratrix of the ESTATE OF :
JOHN VASCEK, JR., :
Plaintiffs, :
: C.A. No. {14-1538
vs. :
UNITED PARCEL SERVICE, INC. and :
MARK BARE), :
Defendants. :
ORDER
AND NOW, this day of , 2005 upon consideration ofthe Plaintiil"s
Motion to Compel Answers to interrogatories and Request for Production of Documents, IT IS HEREBY
ORDERED:
l. Defendant, UPS, provide full and complete answers to lnterrogatoiy numbers l2, l7, 37
and 39 to Plaintii? s First Set of interrogatories, ANI)
2, Defendant, UPS, produce the following documents:
A. All photographs, video tapes, films and diagrams of any person, place or thing
which is directly or indirectly related to the claims set forth in Plaintiffs Complaint.
B. All documents related to the conditions at the scene of the accident.
C. All photographs relating to any object, includ-ing any vehicle which was alleged
to have been involved in the occurrence.
D. All documents, writings, memorandum, data, physical evidence, photographs,
video tapes, models, diagrams and/or tangible things of any nature whatsoever you intend to introduce or
use for any purpose whatsoever at trial.
E. my and all documents containing the name, home and business of addresses of
all individuals contacted as potential witnesses.
F. Repair records of the UPS vehicle for the previous 3 years.
G. Defendant Mark Bard’s driver logs in previous years up to and including the day
of the accident.
H. DEAD records, pre—trip inspection form, check list, phone and pager logs for
Defendant driver, Mark Bard.
I. All reports UPS tiled with the Delaware Department of Transportation, Delaware
Motor Vehicle Department and U.S. Department of Transportation.
J. All documents requested in PEaintift" s supplemental request for production of
documents.
ET ES FURTHER ORERED that Defendant, UPS, provide the above discovery responses within
fourteen (id) days of this Grdcr or face appropriate sanctions upon application to the Court.
UNITED STATES DISTRICT JUDGE