Avila et al v. State of California et al

Filing 40

STIPULATION regarding plaintiff's independent medical examination pursuant to F.R.C.P. 35; ORDER re plaintiff's independent medical examination. Order signed by Magistrate Judge Erica P. Grosjean on 3/8/2017. (Rooney, M)

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CAROLYN J. FRANK, Bar No. 245479
[e-mail]
DANIEL S. ROBERTS, Bar No. 205535
[e-mail]
SEAN D. DE BURGH, Bar No. 264713
[e-mail]
COTA COLE LLP
2261 Lava Ridge Court
Roseville, CA 95661
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
County of Madera, Richard Gonzales, and
Guy Rich

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MELINDA AVILA; GRETEL
LORENZO; ALFREDO LORENZO;
and JOSE LORENZO,
Plaintiffs,

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v.
STATE OF CALIFORNIA; COUNTY
OF MADERA; RICHARD
GONZALES; PAUL VARNER; GUY
RICH and DOES 3 through 100,
inclusive,
Defendants.

Case No. 1:15-cv-00996 JAM-GSA
Hon. John A. Mendez
STIPULATION REGARDING
PLAINTIFF’S INDEPENDENT
MEDICAL EXAMINATION
PURSUANT TO F.R.C.P. 35;
ORDER RE: PLAINTIFF’S
INDEPENDENT MEDICAL
EXAMINATION
IME Date: March 10, 2017

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IT IS HEREBY STIPULATED by and between Plaintiff MELINDA AVILA

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(“Plaintiff”) and Defendants COUNTY OF MADERA, and RICHARD

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GONZALES (collectively “Defendants”), by and through their respective counsel,

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that Plaintiff will undergo a physical examination pursuant to Rule 35 of the

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Federal Rules of Civil Procedure. Said examination shall take place on March 10,

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2017 and will be conducted by Dr. Edward Cahill, M.D. commencing at 11:00 a.m.

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at the Rascal Creek Physical Therapy located at 3327 M Street, Merced, California,

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95348.

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This examination will be conducted for the purposes of determining the
nature and extend of Plaintiff’s physical injuries and the relationship thereof to the

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COTA COLE LLP
3281 E. GUASTI ROAD, SUITE 700
ONTARIO, CA 91761

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accident which is the subject of this litigation, and will consist of all necessary and

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customary activities required to make such a determination, including but not

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limited to medical history, radiographic studies, history of the accident in question,

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and physical examination and evaluation. Photographs of Plaintiff’s injuries may

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be taken for use at trial.

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IT IS FURTHER STIPULATED that Defendant will provide Plaintiff a copy

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of a detailed written report setting out the history, examinations, findings, including

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the results of all tests made, diagnose, prognoses, and conclusions of the examiner,

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Dr. Edward Cahill, M.D., within 15 days upon Defendants’ receipt of same.

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Dated: March 6, 2017

CORNWELL & SAMPLE, LLP

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By: /s/ Stephen R. Cornwell
Stephen R. Cornwell
Attorneys for Plaintiffs Melinda Avila,
Gretel Lorenzo, Alfredo Lorenzo, and Jose
Lorenzo

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Dated: March 7, 2017

COTA COLE LLP

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COTA COLE LLP
3281 E. GUASTI ROAD, SUITE 700
ONTARIO, CA 91761

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By:

/s/ Carolyn J. Frank
Carolyn J. Frank
Daniel S. Roberts
Sean D. De Burgh
Attorneys for Defendants County of Madera,
Richard Gonzales, and Guy Rich

ORDER

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Pursuant to the parties’ March 7, 2017 stipulation, the Court finds good cause
to order a Rule 35 examination pursuant to the parties’ stipulated terms.

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COTA COLE LLP
3281 E. GUASTI ROAD, SUITE 700
ONTARIO, CA 91761

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IT IS SO ORDERED.
Dated:

March 8, 2017

/s/
UNITED STATES MAGISTRATE JUDGE