Fajardo v. City of Bakersfield et al

Filing 42

STIPULATION and ORDER 41 for Physical Examination of Plaintiff Gilberto Fajardo, signed by Magistrate Judge Jennifer L. Thurston on 6/19/2019. (Hall, S)

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Michael G. Marderosian, No. 77296
Heather S. Cohen, No. 263093
MARDEROSIAN & COHEN
1260 Fulton Street
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]

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Attorneys for:

Defendants CITY OF BAKERSFIELD, JUAN OROZCO, and LINDY
DEGEARE

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GILBERTO FAJARDO,
Plaintiff,

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vs.

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CITY OF BAKERSFIELD; JUAN
OROZCO; LINDY DEGEARE; and
DOES 1 THROUGH 10, inclusive,
Defendants.

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Case No. 1:16-CV-00699-JLT
STIPULATION AND ORDER
FOR PHYSICAL EXAMINATION
OF PLAINTIFF GILBERTO FAJARDO
(Doc. 41)

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STIPULATION

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IT IS HEREBY STIPULATED by and between Plaintiff Gilberto Fajardo and Defendants City of

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Bakersfield, Juan Orozco and Lindy DeGeare (collectively “Defendants”), through their respective attorneys,

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as follows:

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1.

The physical condition of the Plaintiff is “in controversy” within the meaning of Federal Rule

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of Civil Procedure 35 (“Rule 35”), which sets forth the procedures for the examination of persons whose

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physical condition is in controversy.

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2.

examination of Plaintiff Gilberto Fajardo pursuant to Rule 35. A copy of Dr. Edmonds’ curriculum vitae is
attached hereto as Exhibit A.
3.

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Harvey L. Edmonds, M.D., FAAN, has been retained by Defendants to conduct an

Plaintiff Gilberto Fajardo will submit to a physical examination to be conducted by Harvey L.

Edmonds, M.D., FAAN, on June 24, 2019, at 11 a.m. at the office of Sierra Valley Medico, 2020 17th Street,
Suite 2016, Bakersfield, CA 93301, or at another mutually agreed upon date and time before the discovery
cutoff deadline.
4.

In addition to questioning by Dr. Edmonds relating to Plaintiff’s complaints, this examination

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shall include a comprehensive physical examination of the arms, legs, back, face and body. This examination

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is relevant to Plaintiff’s claim of pain and disability.

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5.

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

pertaining to his arms, legs, back, face and body, for the purpose of making a proper diagnosis of the Plaintiff’s
condition.
6.

Defendants’ life care planning consultant, Edward L. Bennett, will also attend and observe the

medical examination of the Plaintiff. Following the medical examination of the Plaintiff, Mr. Bennett may
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inquire as to Plaintiff’s care provisions, medical durable devices that he has, care providers, therapy,
medications, etc. Further, Mr. Bennett may take photographs of Plaintiff’s medical durable devices.
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Good cause exists for the Court to enter this Stipulation as an Order of the Court.

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

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relating to the Rule 35 examination of Plaintiff.

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Dated: June 19, 2019

MARDEROSIAN & COHEN

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/s/ Michael G. Marderosian

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By:______________________________
Michael G. Marderosian,
Attorneys for Defendants

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Dated: June 19, 2019

LAW OFFICES OF DALE K. GALIPO

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/s/ Melanie Partow

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By:______________________________
Melanie Partow,
Attorneys for Plaintiff

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ORDER
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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.
Dated:

June 19, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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