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P allegedly fell on a type of packaging or strapping tape located on the floor of D’s store, sustaining injuries. Plaintiff was treated by a Chiropractor, Dr. Richard Tucker. P was also seen by Dr. Kucharchuck, an orthopedic surgeon, who recommended that P undergo a lumbar MRI. Based on his interpretation of the MRI findings, Dr. Kucharchuck referred P to Dr. Kenneth Vogel, a neurosurgeon. Dr. Vogel is recommending a fusion and P did not have the $11,000 upfront to go forward with that treatment. D alleges it has not seen any of P's medical records. D has motioned to have the Court appoint a physician of its choice to conduct an orthopedic and/or neurological examination of P. P opposes the motion as premature.

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