Griffiths v. Wal-Mart Stores, Inc.

Filing 24

Order GRANTING joint stipulation for mental examination of Plaintiff pursuant to F.R.C.P. Rule 35, signed by Magistrate Judge Jennifer L. Thurston on 10/24/2017. (Rosales, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN GRIFFITHS,
Plaintiff,

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v.

Case No. 1:16-cv-01438-DAD-JLT
ORDER GRANTING JOINT STIPULATION
FOR MENTAL EXAMINATION OF
PLAINTIFF PURSUANT TO F.R.C.P. RULE 35

WAL-MART STORES, INC., a
corporation; and DOES 1 through 20,
inclusive,

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Defendants.

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The Court has considered the parties’ Joint Stipulation for Mental Examination of Plaintiff

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filed October 20, 2017. Good cause appearing, IT IS HEREBY ORDERED:
1.

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Plaintiff JOHN GRIFFITHS (“Plaintiff”) and Defendant WAL-MART STORES,

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INC. (“Defendant”), will submit to a mental examination to be conducted by Dr. James

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Rosenberg, M.D., on November 13, 2017 at 10:00 a.m., at Spring Hill Suites by Marriott, 113 E.

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Sydnor Avenue, Ridgecrest, California 93555.
2.

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The examination is authorized by F.R.C.P. Rule 35 because Plaintiff has placed his

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mental condition in controversy in this action by alleging mental and emotional injury and

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distress of a lasting and/or severe nature which he contends was caused by Defendant and that

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good cause exists for the examination.

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3.

The nature, scope, conditions and manner of the examination are to be as follows:
A.

Plaintiff will submit to a mental examination to be conducted by Dr.

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Rosenberg, to evaluate the nature and extent of Plaintiff’s claims of mental and emotional

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distress, as set forth in the operative Complaint and of which Plaintiff intends to introduce

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evidence of at trial.

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B.

Defendant represents the following: Dr. Rosenberg is a physician licensed

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to practice medicine in the State of California. Dr. Rosenberg received his medical degree from

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the UCLA School of Medicine, and completed a transitional internship, a residency in psychiatry

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at the UCLA Neuropsychiatric Institute, and a fellowship in forensic psychiatry at Case Western

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Reserve University School of Medicine in Cleveland, OH. Dr. Rosenberg is board-certified in

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psychiatry by the American Board of Psychiatry & Neurology, Inc. In addition to his extensive

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teaching and patient-care experience, he has conducted over 1,000 medico-legal evaluations. A

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complete copy of Dr. Rosenberg’s curriculum vitae is attached as Exhibit A.

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C.

Dr. Rosenberg will conduct a psychiatric examination of Plaintiff in regard

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to Plaintiff’s alleged complaints of psychiatric injury and its sequelae, including the origin,

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nature, and severity of Plaintiff’s alleged mental health injuries, and in turn, prognosis and future

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treatment needs, if applicable. The inquiries made by Dr. Rosenberg shall be limited to Plaintiff’s

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family history, educational history, social history, past medical history, past developmental

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history, past psychological/psychiatric history, substance abuse history, employment history, legal

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history, history of his employment for Defendant, and psychological/psychiatric treatment

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following the work for Defendant. Plaintiff may be asked about the general health of family

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members and existence of medical or mental conditions and whether treatment was received by

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any one of them. However, Plaintiff is not to be questioned regarding the specifics of any

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treatment, names of treating physicians and details of the medical or mental conditions as the

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rights of privacy of third parties are in issue. Plaintiff may be asked if he ever underwent any

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form of psychological treatment, when, where, the number of sessions of treatment, the name of

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the healthcare provider, any medications prescribed, and the general reason for the treatment. In

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instances where more than one person may have participated in the counseling, Plaintiff may not

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be asked to state the names of such participants as the rights of privacy of third parties are in

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issue.
D.

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The psychiatric examination will span approximately five to six hours,

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excluding breaks. During the examination, Plaintiff may take appropriate breaks for personal

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comfort, meals, and other necessities.
E.

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The examination will consist of an interview and a mental status

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examination that will take no more than three hours, and the following psychological testing and

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screening cognitive assessment: (1) the MMPI-2-RF, (2) Personality Assessment Inventory (PAI),

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(3) Trauma Symptom Inventory – 2 (TSI-2), and (4) Mini Mental State Examination – 2 (MMSE-

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2).
F.

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Dr. Rosenberg will audio record the entire psychiatric evaluation. A copy

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of the audio recording will be provided to Plaintiff’s counsel within 5 days of the examination.

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Plaintiff may also audio record the examination, but no one else may be present in the room

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during the evaluation. The examination shall not be videotaped.
G.

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The psychiatric evaluation will not involve any physical examination.

There will be no blood tests or other intrusive medical studies or procedures.
H.

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Plaintiff shall not be required to fill out any patient information forms of

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any type whatsoever, including, but not limited to, “new patient” forms, insurance forms

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identification forms authorizations for records, arbitration forms, waivers and releases and will

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not be asked to do so by Dr. Rosenberg or his staff.
I.

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Dr. Rosenberg will not take any photographs, video recording, finger prints

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or other identification information from Plaintiff, including, but not limited to driver’s license,

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social security number and home address.
J.

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E. Sydnor Avenue, Ridgecrest, California 93555.
K.

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The examination will be conducted at Spring Hill Suites by Marriott, 113

A copy of this Order will be given to Dr. Rosenberg prior to the

examination.

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L.

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Dr. Rosenberg may be provided by defense counsel with Plaintiff’s

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personnel file, leave of absence file, deposition testimony, discovery responses, and Complaint

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produced during the course of discovery in this case, which he may review prior and/or

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subsequent to examination of Plaintiff. Defense counsel will provide Dr. Rosenberg Plaintiff’s

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medical and mental health records that they have received in response to subpoenas for the

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records. Dr. Rosenberg shall not provide or disclose any of the documents he is provided in

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connection with this case to any third parties. Dr. Rosenberg will destroy Plaintiff’s medical and

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mental health records upon completion of this case. He will maintain a copy of his examination

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file including his notes, psychological testing, audio recording, and report.
M.

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After the examination of Plaintiff, Dr. Rosenberg will prepare a written

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report of his findings in conformance with F.R.C.P. Rule 35. A copy of said report will be

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provided to Plaintiff’s counsel within five days of completion.
N.

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The results and scores of the psychological testing of Plaintiffs will be

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provided to Plaintiff’s counsel within five days of the examination, and they will be kept

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confidential and used for purposes of this litigation only.

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IT IS SO ORDERED.
Dated:

October 24, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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