Fajardo v. City of Bakersfield et al

Filing 44

AMENDED Stipulation and Order for physical examination of Plaintiff Gilberto Fajardo, signed by Magistrate Judge Jennifer L. Thurston on 6/20/2019. (Rosales, O.)

1
2
3
4
5
6
7
8
9

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]

10
11

Attorneys for: Defendants CITY OF BAKERSFIELD, JUAN OROZCO, and LINDY DEGEARE

12

UNITED STATES DISTRICT COURT

13

EASTERN DISTRICT OF CALIFORNIA

14
15

GILBERTO FAJARDO,

16

Plaintiff,
17
18
19
20

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

21

Defendants.

22
23
24

)
)
)
)
)
)
)
)
)
)
)
)

Case No. 1:16-CV-00699-JLT
AMENDED STIPULATION AND ORDER
FOR PHYSICAL EXAMINATION
OF PLAINTIFF GILBERTO FAJARDO
(Doc. 43)

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

25

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

26

as follows:

27
28

1.

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

of Civil Procedure 35 (“Rule 35”), which sets forth the procedures for the examination of persons whose
physical condition is in controversy.

1

1

2.

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

2

examination of Plaintiff Gilberto Fajardo pursuant to Fed. R. Civ. P. 35. A copy of Dr. Edmonds’ curriculum

3

vitae is attached hereto as Exhibit A.

4
5
6

3.

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.

7

4.
8
9
10

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

shall include a comprehensive physical examination of the arms, legs, back, face and body. This examination
is relevant to Plaintiff’s claim of pain and disability.
5.

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

11

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

12

condition.

13

6.

An attorney representing Plaintiff may be present.

14

7.

Plaintiff will not be asked any questions related to the following subjects: (1) the

15

incident; (2) his criminal history; or (3) any past or present use of illegal drugs.
8.

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

9.

16

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

17

relating to the Rule 35 examination of Plaintiff.
18

Dated: June 20, 2019

MARDEROSIAN & COHEN

19
20
21
22

/s/ Michael G. Marderosian
By:______________________________
Michael G. Marderosian,
Attorneys for Defendants

23
24
25
26
27
28

2

1

Dated: June 20, 2019

LAW OFFICES OF DALE K. GALIPO

2

/s/ Melanie Partow

3

By:______________________________
Melanie Partow,
Attorneys for Plaintiff

4
5
6
7

ORDER

8

The above stipulation is hereby accepted and approved. The terms of the stipulation set forth

9

above are hereby adopted as an order of this Court.

10
11
12
13

IT IS SO ORDERED.
Dated:

June 20, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3