Youngblood v. City of Bakersfield et al

Filing 31

STIPULATION and ORDER for Physical and Mental Examinations of Plaintiff Victoria Youngblood 29 , signed by Magistrate Judge Jennifer L. Thurston on 6/26/2013. (Hall, S)

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Michael G. Marderosian, No. 077296
Heather S. Cohen, No. 263093
MARDEROSIAN, RUNYON, CERCONE & COHEN
1260 Fulton Mall
Fresno, CA 93721
Telephone: [phone]
Facsimile: [phone]
Virginia Gennaro, No. 138877
City Attorney
CITY OF BAKERSFIELD
1501 Truxtun Avenue
Bakersfield, CA 93301
Telephone: [phone]
Facsimile: [phone]
Attorneys for: Defendants CITY OF BAKERSFIELD, CHRISTOPHER DALTON, and GREG
WILLIAMSON

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA / FRESNO DIVISION

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VICTORIA P. YOUNGBLOOD,
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)
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Plaintiff,
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v.
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CITY OF BAKERSFIELD, CHRISTOPHER )
DALTON, GREG WILLIAMSON, and
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DOES 1 to 100, inclusive,
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Defendants.
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)

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Case No. 1:12-CV-01150-AWI-JLT
STIPULATION AND ORDER FOR
PHYSICAL AND MENTAL
EXAMINATIONS OF PLAINTIFF
VICTORIA YOUNGBLOOD
(Doc. 29)

STIPULATION

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IT IS HEREBY STIPULATED by and between plaintiff Victoria Youngblood and defendants

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City of Bakersfield, Christopher Dalton and Greg Williamson (collectively “defendants”), through

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their respective attorneys, as follows:

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1.

The physical and mental conditions of the plaintiff are “in controversy” within the

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meaning of Federal Rule of Civil Procedure 35 (“Rule 35”), which sets forth the procedures for the

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examination of persons whose physical and/or mental conditions are in controversy.

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MARDEROSIAN,
RUNYON, CERCONE
& COHEN
1260 Fulton Mall
Fresno, CA 93721

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Examination by Carl F. Hoppe, Ph.D.

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2.

Carl F. Hoppe, Ph.D., has been retained by defendants to conduct an examination of

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the plaintiff pursuant to Rule 35. A copy of Dr. Hoppe’s curriculum vitae is attached hereto as Exhibit

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A.

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3.

Plaintiff will voluntarily appear for and submit to a psychological examination,

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including, but not limited to, oral interviews, written questionnaires and self administering tests, to be

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conducted by Carl F. Hoppe, Ph.D., on July 17, 2013, at 10:30 a.m. at 360 N. Bedford Drive, Suite

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215, Beverly Hills, California.

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4.

This examination is relevant to plaintiff’s claim of severe emotional distress, including

nightmares, insomnia, anxiety and fear, and her diagnosis of post traumatic stress disorder.

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5.

At the time of said examination, plaintiff will answer all proper questions and inquiries

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pertaining to the emotional affect the injury has had on plaintiff’s life, and for the purpose of making

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a proper diagnosis of the plaintiff’s condition.

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Examination by Gary M. Tearston, M.D., F.A.C.S.

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6.

Gary M. Tearston, M.D., F.A.C.S., has been retained by defendants to conduct an

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examination of the plaintiff pursuant to Rule 35. A copy of Dr. Tearston’s curriculum vitae is attached

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hereto as Exhibit B.

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7.

Plaintiff Victoria P. Youngblood will submit to a physical examination to be conducted

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by Gary M. Tearston, M.D., F.A.C.S., on July 17, 2013, at 2 p.m. at 9201 W. Sunset Blvd., Suite 401,

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West Hollywood, California.

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8.

In addition to questioning by Dr. Tearson relating to plaintiff’s complaints, this

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examination shall include a comprehensive physical examination of the neck, head, ears, scalp and

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facial areas, including but not limited to an examination of the external auditory canal. This

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examination is relevant to plaintiff’s claim of pain, sensory changes, and disfigurement.

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9.

At the time of said examination, plaintiff will answer all proper questions and inquiries

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pertaining to her neck, head, ears, scalp and facial areas, for the purpose of making a proper diagnosis

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of the plaintiff’s condition.

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MARDEROSIAN,
RUNYON, CERCONE
& COHEN
1260 Fulton Mall
Fresno, CA 93721

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Examination by Martin L. Hopp, M.D.

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Martin L. Hopp, M.D., has been retained by defendants to conduct an examination of

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the plaintiff pursuant to Rule 35. A copy of Dr. Hopp’s curriculum vitae is attached hereto as Exhibit

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C.

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11.

Plaintiff Victoria P. Youngblood will submit to a physical examination to be conducted

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by Martin L. Hopp, M.D., on July 18, 2013, at 2 p.m. at 8631 W. Third Street, Suite 400 East, Los

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Angeles, California 90048.

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12.

The examination shall include comprehensive testing and examination of the plaintiff

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in the head and neck areas, including but not limited to (a) complete examination of the outer ear,

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tympanic membrane and visible middle ear; (b) full audiological examination which also includes pure

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tone, discrimination, tympanogram, and acoustic relexes; (c) complete examination of the nasopharynx

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and Eustachian tube, not including x-rays, and (d) complete examination of the oral cavity,

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oropharynx, larynx and neck. This examination is relevant to plaintiff’s claim of hearing loss and

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impairment. In addition, such examination shall include any and all other tests which are ordinarily

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deemed a part of a general auditory examination. The examiner will proceed with care, as he has been

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informed that Plaintiff’s ear is sensitive and painful to the touch.

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13.

At the time of said examination, plaintiff will answer all proper questions and inquiries

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pertaining to hearing and hearing loss, for the purpose of making a proper diagnosis of the plaintiff’s

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condition.

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Good Cause

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14.

Good cause exists for the Court to enter this Stipulation as an Order of the Court.

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15.

Nothing herein shall preclude the parties from entering into other stipulations or

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agreements relating to the Rule 35 examinations of plaintiff.

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Dated: June 26, 2013
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MARDEROSIAN, RUNYON,
CERCONE & COHEN

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By:

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MARDEROSIAN,
RUNYON, CERCONE
& COHEN
1260 Fulton Mall
Fresno, CA 93721

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/s/ Michael G. Marderosian
Michael G. Marderosian
Attorney for Defendants above-named.

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Dated: June 26, 2013

RODRIGUEZ & ASSOCIATES

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By:

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/s/ Martha Rossiter
Martha Rossiter
Attorney for Plaintiff

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ORDER
The above stipulation is hereby accepted and approved. The terms of the stipulation set forth
above are hereby adopted as an Order of this Court.

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IT IS SO ORDERED.

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Dated: June 26, 2013
9j7khi

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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MARDEROSIAN,
RUNYON, CERCONE
& COHEN
1260 Fulton Mall
Fresno, CA 93721

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