Shell v. Amtrak et al

Filing 27

STIPULATION to Independent Medical Examination Pursuant to Rule 35 of the Federal Rules of Civil Procedure; ORDER, signed by Judge Sandra M. Snyder on 4/10/2009. (Herman, H)

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LOMBARDI, LOPER & CONANT, LLP

B. CLYDE HUTCHINSON, State Bar No. 037526 [e-mail] VINCENT CASTILLO, State Bar No. 209298 [e-mail] LIZA SIU MENDOZA, State Bar No. 242493 [e-mail] LOMBARDI, LOPER & CONANT, LLP Lake Merritt Plaza 1999 Harrison Street, Suite 2600 Oakland, CA 94612-3541 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant NATIONAL RAILROAD PASSENGER CORPORATION UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ­ FRESNO DIVISION VIRGINIA DIANE SHELL, Plaintiff, v. AMTRAK, a corporation; NATIONAL RAILROAD PASSENGER CORPORATION, a corporation; and ROES 1 to 100, inclusive, Defendants. IT IS HEREBY STIPULATED by and between Plaintiff VIRGINIA DIANE SHELL ("Plaintiff") and Defendant NATIONAL RAILROAD PASSENGER CORPORATION. ("Defendant"), through their designated counsel, that Plaintiff will undergo a physical examination pursuant to Rule 35 of the Federal Rules of Civil Procedure. Said examination shall take place on May 26, 2009 at 9:00 a.m. and will be conducted by Donald R. Huene, M.D. at the offices of Donald R. Huene, M.D., Inc., 201 N. Valeria, Fresno, California 93701, Telephone: [phone]. This examination will be conducted for the purpose of determining the nature and extent of Plaintiff's physical injuries and the relationship thereof to the accident which is the subject of this litigation, and will consist of all necessary and customary activities required to make such a
13249-37963 LSM 568811.1

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Lake Merritt Plaz a 1999 Harris o n Street, Suite 2600 Oak l a n d , CA 94612-3541

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Case No. 1:08-cv-00897 SMS STIPULATION TO INDEPENDENT MEDICAL EXAMINATION PURSUANT TO RULE 35 OF THE FEDERAL RULES OF CIVIL PROCEDURE;

ORDER

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Case No. 1:08-cv-00897 SMS

STIPULATION TO INDEPENDENT MEDICAL EXAMINATION PURSUANT TO RULE 35 OF THE FRCP

PDF created with pdfFactory trial version www.pdffactory.com

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LOMBARDI, LOPER & CONANT, LLP

determination, including but not limited to medical history, radiographic studies, history of accident in question, and physical examination and evaluation. Photographs of Plaintiff's injuries may be taken for use at trial. Plaintiff shall be responsible for the doctor's customary cancellation fee of $500 should she fail to appear for the scheduled examination, or should she fail to provide Dr. Huene with notice that she will not appear for the same according to Dr. Huene's cancellation policy as follows. Cancel Before 14 days of IME Cancel Between 7-14 days before IME Cancel Less than 7 days before IME No Fee Due; 50% Fee Due; and Full Fee Due ($500).

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Lake Merritt Plaz a 1999 Harris o n Street, Suite 2600 Oak l a n d , CA 94612-3541

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IT IS FURTHER STIPULATED that Defendant will provide to Plaintiff a copy of a detailed written report setting out the history, examinations, findings, including the results of all tests made, diagnoses, prognoses, and conclusions of the examiner, Donald R. Huene, M.D., within 15 days upon defendant's receipt of same. Dated: April 9, 2009 MARDEROSIAN, RUNYON, CERCONE, LAHMAN & ARMO /s/ Michael G. Marderosian MICHAEL G. MARDEROSIAN Attorneys for Plaintiff VIRGINIA DIANE SHELL LOMBARDI, LOPER & CONANT, LLP By: /s/ Liza Siu Mendoza LIZA SIU MENDOZA Attorneys for Defendant NATIONAL RAILROAD PASSENGER CORPORATION By:

Dated: April 9, 2009

IT IS SO ORDERED:

DATED:

April 10, 2009

/s/ Sandra M. Snyder HONORABLE SANDRA M. SNYDER UNITED STATES MAGISTRATE JUDGE 2
Case No. 1:08-cv-00897 SMS

13249-37963 LSM 568811.1

STIPULATION TO INDEPENDENT MEDICAL EXAMINATION PURSUANT TO RULE 35 OF THE FRCP

PDF created with pdfFactory trial version www.pdffactory.com