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ACOCELLA v. MONTAUK OIL TRANSP. CORP.

No. 84 Civ. 8105.

614 F.Supp. 1437 (1985)

Joseph ACOCELLA, Plaintiff, v. MONTAUK OIL TRANSPORTATION CORP., Defendant.

United States District Court, S.D. New York.

August 2, 1985.

Attorney(s) appearing for the Case

Law Offices of Thomas J. Hunt, Boston, Mass., Phillips & Cappiello, New York City, for plaintiff; Michael D. Tracey, Boston, Mass., George Cappiello, New York City, of counsel.

Healy & Baillie, New York City, for defendant; John P. James, New York City, of counsel.

MEMORANDUM

IRVING BEN COOPER, District Judge.

Defendant seeks an order compelling plaintiff to submit to an "interview and testing" by a "certified vocational rehabilitation counselor" (so named in the moving papers) pursuant to Fed.R.Civ.P. 26(a), 26(b)(1), and 35. Plaintiff opposes defendant's motion on the grounds that such an order is not permissible under the rules cited by defendant and that the information sought is obtainable through other means...

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