Serquina v. The Raymond Corporation

Filing 15

STIPULATION and ORDER 14 Regarding Physical Examination of Plaintiff signed by Magistrate Judge Gary S. Austin on 9/24/2009. (Esteves, C)

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Michael F. Ball, # 116328 McCormick, Barstow, Sheppard, Wayte & Carruth LLP P.O. Box 28912 5 River Park Place East Fresno, CA 93720-1501 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant THE RAYMOND CORPORATION

(SPACE BELOW FOR FILING STAMP ONLY)

UNITED STATES DISTRICT COURT EASTERN DISTRICT URBANO SERQUINA Plaintiffs, v. THE RAYMOND CORPORATION, and DOES 1 through 20, Defendants. Defendant THE RAYMOND CORPORATION has requested that Plaintiff URBANO SERQUINA present for a physical examination by orthopedic surgeon, Ronald R. Castonguay, M.D., on Monday, October 26, 2009 at 1:00 P.M. at Dr. Castonguay's office, located at 7255 North Cedar Avenue, Suite 103 in Fresno, California 93720. The examination will be for the purposes of determining the nature and extent of Plaintiff's injuries sustained in his September 19, 2006 accident at Leprino Foods, Plaintiff's present condition, his prognosis and need for future care, if any. Good cause exists for a physical examination of Plaintiff because Plaintiff has brought this present action against Defendant in which Plaintiff alleges that he sustained certain physical injuries. ACCORDINGLY, the Parties hereto, by and through their respective attorneys of record, STIPULATE AND AGREE to the following: 1. Plaintiff URBANO SERQUINA shall present for a physical examination Case No. 1:08-CV-01741-AWI-GSA STIPULATION REGARDING PHYSICAL EXAMINATION OF PLAINTIFF AND ORDER THEREON

by orthopedic surgeon, Ronald R. Castonguay, M.D., on Monday, October 26, 2009 at 1:00 P.M.

STIPULATION REGARDING PHYSICAL EXAMINATION OF PLAINTIFF AND PROPOSED ORDER THEREON

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MCCORMICK, BARSTOW , SHEPPARD, W A Y T E & CARRUTH LLP
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at Dr. Castonguay's office, located at 7255 North Cedar Avenue, Suite 103 in Fresno, California. 2. Defendant THE RAYMOND CORPORATION shall comply with the

requirements of Federal Rule of Civil Procedure 35(b) and will promptly deliver a copy of Dr. Castonguay's report of his examination to Plaintiff's counsel upon its receipt. 3. Defendant THE RAYMOND CORPORATION shall bear all the costs

associated with Dr. Castonguay's examination of Plaintiff. 4. The diagnostic tests and procedures to be utilized at the examination will

not include any diagnostic tests or procedures that are painful, protracted, or intrusive. Dated: September 23, 2009 McCORMICK, BARSTOW, SHEPPARD WAYTE & CARRUTH LLP

By:

/s/ Michael F. Ball Michael F. Ball Adam D. Wahlquist Attorneys for Defendant THE RAYMOND CORPORATION LAW OFFICES OF EDWARD B. CHATOIAN

Dated: September 23, 2009

By: /s/ Edward B. Chatoian Edward B. Chatoian (as authorized on 09/23/09) Attorneys for Plaintiff URBANO SERQUINA

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STIPULATION REGARDING PHYSICAL EXAMINATION OF PLAINTIFF AND PROPOSED ORDER THEREON

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MCCORMICK, BARSTOW , SHEPPARD, W A Y T E & CARRUTH LLP
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ORDER GOOD CAUSE HAVING BEEN SHOWN AND THE PARTIES HAVING STIPULATED TO THE SAME, the Court adopts the STIPULATION. All Parties in this action shall abide by the terms of this Stipulation. IT IS SO ORDERED: Dated: September 24, 2009 /s/ Gary S. Austin The Honorable Gary S. Austin United States Magistrate Judge

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STIPULATION REGARDING PHYSICAL EXAMINATION OF PLAINTIFF AND PROPOSED ORDER THEREON