Arizaga v. John Bean Technologies Corporation et al

Filing 43

Stipulation Re: Physical and Mental Examination of Plaintiff Steven Arizaga and Order Thereon, signed by Magistrate Judge Michael J. Seng on 08/21/2015. (Yu, L)

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Warren R. Paboojian, Calif. Bar No. 128462
Adam B. Stirrup, Calif. Bar No. 257683
Baradat & Paboojian, Inc.
720 W. Alluvial Ave.
Fresno, CA 93711
Attorneys for: Plaintiff Steven Arizaga
Henry Turner, Jr. (pro hac)
VALOREM LAW GROUP
35 E. Wacker Dr., Ste. 3000
Chicago, IL 60601
Tele: [phone]
Fax: [phone]

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Mark D. Sayre, Calif. Bar No. 111168
VALOREM LAW GROUP
60 S. Market Street, Suite 1250
San Jose, CA 95113
Tele: [phone]
Fax: [phone]

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Attorneys for: Defendant John Bean Technologies Corporation

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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STEVEN ARIZAGA

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Plaintiff,
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vs.

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JOHN BEAN TECHNOLOGIES
CORPORATION, et al.
Defendants.
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No. 13-cv-01981-MJS
Magistrate Judge Michael J. Seng
STIPULATION RE: PHYSICAL
AND MENTAL EXAMINATION
OF PLAINTIFF STEVEN
ARIZAGA; ORDER

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Stipulation Re: Physical and Mental Examination of Plaintiff Steven Arizaga
and Proposed Order – No. 13-cv-01981-MJS
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Plaintiff Steven Arizaga (“Mr. Arizaga”) and Defendant John Bean Technologies

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Corporation (“JBTC”), agree and stipulate that Mr. Arizaga shall submit to a physical and a

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mental examination with the following manner, conditions, and scope under Federal Rules of

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Civil Procedure Rule 35:

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Physical Examination

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1.

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p.m. Pacific Time.

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2.

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setting forth his qualifications and background.
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The location for the examination will be Sierra Valley Medico, Inc., 7033 N.

Fresno Street, Suite 201, Fresno, CA 93720.
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The physical examination will be performed by Mark W. Howard, M.D. Attached to

this stipulation as Exhibit “A” is a true and correct copy of Dr. Howard’s Curriculum Vitae

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The date and time for the physical examination will be September 25, 2015 at 3:00

The manner for the physical examination will be a two-part examination

consisting of:
a. An interview in doctor’s office, consisting of a history of Mr. Arizaga’s injuryand

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Mr. Arizaga’s treatment for his injury; and

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b. A physical examination involving vitals being taken and examination of injured

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body parts, including left arm, brachial plexus, brachial artery, and ribs. The

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vitals to be taken include Mr. Arizaga’s blood pressure, height and weight only.

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c. The examination will not include any diagnostic test or procedure that is painful,
protracted or intrusive.

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5.

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The conditions and scope of the physical examination will be a two-part

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examination, consisting of an interview and physical examination, with a total duration of no

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longer than one (1) hour. The examination will focus on Mr. Arizaga’s injury and Mr. Arizaga’s

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treatment for his injury.

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Stipulation Re: Physical and Mental Examination of Plaintiff Steven Arizaga
and Proposed Order – No. 13-cv-01981-MJS
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6.

It is further stipulated that, following the examination, a copy of Dr. Howard’s report

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related to the examination will be produced to Ms. Arizaga’s counsel as required by Federal Rule of

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Civil Procedure Rule 35.

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It is further stipulated that JBTC will be responsible for the fees associated with this

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examination, including Dr. Howard’s cancellation policy. Mr. Arizaga agrees to reasonably comply

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with Dr. Howard’s cancellation policy and will advise JBTC if he is unable to attend this

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examination within fourteen (14) days of the examination in compliance with this cancellation

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policy. Should Mr. Arizaga be unable to comply with Dr. Howard’s cancellation policy for any

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unexpected health reason, Mr. Arizaga reserves the right to object to the payment of Dr. Howard’s

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cancellation costs incurred. JBTC reserves the right to seek payment for any cancellation by Mr.

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Arizaga. In this situation, Mr. Arizaga and JBTC agree to work together to promptly reschedule the

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examination and reasonably resolve any issues regarding the payment of Dr. Howard’s cancellation

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costs incurred.

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Mental Examination

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8.

The date and time for the mental examination will be August 27, 2015 at 1:30

p.m. Pacific Time.
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The mental examination will be performed by Howard Terrell, M.D. Attached to

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this Stipulation as Exhibit “B” is a true and correct copy of Dr. Terrell’s Curriculum Vitae

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setting forth his qualifications and background.

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10.

The location for the mental examination will be 724 Medical Center Drive East,

Suite 102, Clovis, CA 93619.
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It is further stipulated that the only parties present during the examination will be Mr.

Arizaga and any member of Dr. Terrell’s staff necessary to facilitate the examination.
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The manner for the mental examination will be a clinical interview, specifically

based on the DSM-5 diagnostic and classification criteria.
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The examination will not include any diagnostic test or procedure that is painful,

protracted or intrusive.

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Stipulation Re: Physical and Mental Examination of Plaintiff Steven Arizaga
and Proposed Order – No. 13-cv-01981-MJS
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The conditions and scope of the mental examination will be a clinical, diagnostic,

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and background interview by Dr. Terrell focused on the mental or psychiatric impact of Mr.

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Arizaga’s alleged accident, the emotional distress Mr. Arizaga allegedly suffers from since the

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accident, and the potential factors impacting Mr. Arizaga’s alleged emotional distress.

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The duration of Dr. Terrell’s total examination and evaluation of Mr. Arizaga will

be no longer than three (3) hours.
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There will be no videotaping of any portion of the examination. The examination

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will be audio recorded by JBTC. A copy of this audio recording shall be provided to Mr.

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Arizaga.

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It is further stipulated that, following the examination, a copy of Dr. Terrell’s report

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related to the examination will be produced to Ms. Arizaga’s counsel as required by Federal Rule of

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Civil Procedure Rule 35.

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It is further stipulated that JBTC will be responsible for the fees associated with this

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examination, including Dr. Terrell’s cancellation policy. Mr. Arizaga agrees to reasonably comply

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with Dr. Terrell’s cancellation policy and will advise JBTC if he is unable to attend this examination

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within five (5) business days of the examination in compliance with this cancellation policy. Should

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Mr. Arizaga be unable to comply with Dr. Terrell’s cancellation policy for any unexpected health

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reason, Mr. Arizaga reserves the right to object to the payment of Dr. Terrell’s cancellation costs

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incurred. JBTC reserves the right to seek payment for any cancellation by Mr. Arizaga. In this

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situation, Mr. Arizaga and JBTC agree to work together to promptly reschedule the examination and

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reasonably resolve any issues regarding the payment of Dr. Terrell’s cancellation costs incurred.

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Following the examination, the parties will instruct their respective experts to

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mutually exchange the raw data, if any, obtained during their respective experts’ examinations of Mr.

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Arizaga at the appropriate time prior to the completion of expert discovery.

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The parties agree that this Stipulation may be signed in counterpart, and each counterpart

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shall be deemed an original, and all counterparts so executed shall constitute one Stipulation, and

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further, that faxed signatures shall be treated as originals.

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Stipulation Re: Physical and Mental Examination of Plaintiff Steven Arizaga
and Proposed Order – No. 13-cv-01981-MJS
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IT IS SO STIPULATED.

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Dated: August 20, 2015

/s/ Adam B. Stirrup
Warren R. Paboojian, Calif. Bar No. 128462
Adam B. Stirrup, Calif. Bar No. 257683
Baradat & Paboojian, Inc.
720 W. Alluvial Ave.
Fresno, CA 93711
Attorneys for: Plaintiff Steven Arizaga

Dated: August 20, 2015

/s/ Henry Turner, Jr.
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Mark D. Sayre, Calif. Bar No. 111168
Henry Turner, Jr. (pro hac)
VALOREM LAW GROUP
35 E. Wacker Dr., Ste. 3000
Chicago, IL 60601
Tele: [phone]
Fax: [phone]
Attorneys for: Defendant John Bean Technologies
Corporation

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Stipulation Re: Physical and Mental Examination of Plaintiff Steven Arizaga
and Proposed Order – No. 13-cv-01981-MJS
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ORDER

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Pursuant to Plaintiff Steven Arizaga’s and Defendant John Bean Technologies Corporation’s

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Stipulation and for good cause shown, the above Stipulation is accepted, adopted and made the Order

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of the Court.

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IT IS SO ORDERED.
Dated:

August 21, 2015

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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Stipulation Re: Physical and Mental Examination of Plaintiff Steven Arizaga
and Proposed Order – No. 13-cv-01981-MJS
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CERTIFICATE OF SERVICE

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I certify that a copy of the Stipulation Re: Physical and Mental Examination of

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Plaintiff Steven Arizaga; Proposed Order was filed electronically and has been served on the

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opposing counsel listed below by U.S. Mail, on August 20, 2015. Parties may access this filing
through the Court’s ECF system.

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Warren R. Paboojian
Adam B. Stirrup
Baradat & Paboojian
720 W. Alluvial Ave.
Fresno, CA 93711
Attorneys for Plaintiff
Meena C. Nachiappan
Bragg & Kuluva
555 S. Flower Street, Suite 600
Los Angeles, CA 90071
Attorneys for Third-Party Defendant

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Respectfully submitted,

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/s/ Henry Turner, Jr.
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Mark D. Sayre, Calif. Bar No. 111168
Henry Turner, Jr. (pro hac)
VALOREM LAW GROUP
35 E. Wacker Dr., Ste. 3000
Chicago, IL 60601
Tele: [phone]
Fax: [phone]
Attorneys for: Defendant John Bean Technologies
Corporation

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CERTIFICATE OF SERVICE