Fernandez v. North Kern State Prison, et al.

Filing 24

Stipulation re: defense medical examination of Plaintiff James Fernandez and Order thereon, signed by Magistrate Judge Jennifer L. Thurston on 6/5/2017. (Rosales, O)

1
2
3
4
5
6
7
8

XAVIER BECERRA, State Bar No. 118517
Attorney General of California
MICHELLE DES JARDINS, State Bar No. 168079
Supervising Deputy Attorney General
ANDREW M. GIBSON, State Bar No. 244330
Deputy Attorney General
600 West Broadway, Suite 1800
San Diego, CA 92101
P.O. Box 85266
San Diego, CA 92186-5266
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants
A. Austria, L. Agbayani, E. Duncan, T. Garcia, and
R. Robles

9
IN THE UNITED STATES DISTRICT COURT
10
FOR THE EASTERN DISTRICT OF CALIFORNIA
11
12
13
14

JAMES FERNANDEZ,

15
16

v.

1:16-cv-01612-AWI-JLT
Plaintiff, STIPULATION RE: DEFENSE MEDICAL
EXAMINATION OF PLAINTIFF JAMES
FERNANDEZ AND ORDER THEREON

17
NORTH KERN STATE PRISON, et al.,
18
Defendants.
19
20
21
22
23

Plaintiff James Fernandez and Defendants, by and through their respective counsel of
record, stipulate as follows under Rule 35 of the Federal Rules of Civil Procedure:
1.

The parties agree that Plaintiff will submit himself for a defense medical examination

24

(“DME”) by Dr. Alan L. Shabo at his medical offices, located at 10921 Wilshire Boulevard, Suite

25

1205, Los Angeles, CA 90024. The examination will take place on Thursday, June 15, 2017,

26

from 2:00 p.m. to approximately 4:30 p.m. The following will likely be conducted by Dr.

27

Shabo during the DME:

28
1
Stipulation re DME; Order (1:16-cv-01612-AWI-JLT)

1

Ophthalmologic Examination: Including, but not exclusive to, visual acuity testing,

2

motility testing, external ocular examination, slit-lamp biomicroscopy, applanation tonometry and

3

dilated retina examination plus ancillary testing.

4

2.

The parties agree that no person other than Plaintiff and Dr. Shabo shall be present

5

during the June 15, 2017 DME. Neither party may record the DME through audio, video or other

6

electronic means.

7

3.

Pursuant to Federal Rule of Civil Procedure Rule 35(b), the parties further agree that

8

a written report will be prepared by Dr. Shabo upon the completion of his examination and

9

analysis of the test results (“DME report”). A copy of the DME report will be provided to

10

Plaintiff’s counsel as soon as it is completed. Within seven (7) days of delivery of the DME

11

report, Plaintiff agrees to provide Defendants with all medical reports of all examinations of the

12

same condition.

13

IT IS SO STIPULATED

14
15

Dated: June ____, 2017

XAVIER BECERRA
Attorney General of California
MICHELLE DES JARDINS
Supervising Deputy Attorney General

16
17
18

ANDREW M. GIBSON
Deputy Attorney General
Attorneys for Defendants
A. Austria, L. Agbayani, E. Duncan, T.
Garcia, and R. Robles

19
20
21
22
23

Dated: June ____, 2017

SMITH DOLLAR PC

24
25

REX. GRADY
Attorneys for Plaintiff
James Fernandez

26
27
28

SD2016702894
81695732.doc

2
Stipulation re DME; Order (1:16-cv-01612-AWI-JLT)

1

ORDER

2

Based upon the stipulation of counsel, the Court ORDERS:

3

1.

4
5
6

James Fernandez SHALL submit to a medical examination performed by Dr. Alan

Shabo on June 15, 2017, from 2:00 p.m. to approximately 4:30 p.m.;
2.

The examination SHALL occur at the offices of Dr. Alan Shabo, located at located at

10921 Wilshire Boulevard, Suite 1205, Los Angeles, CA 90024.

7
8
9

IT IS SO ORDERED.
Dated:

June 5, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
Stipulation re DME; Order (1:16-cv-01612-AWI-JLT)