Knickerbocker v. United States Department of Interior, Death Valley National Park, National Park Service

Filing 70

ORDER on STIPULATION RE: RULE 35 PHYSICAL EXAMINATION, 69 . Order signed by Magistrate Judge Jennifer L. Thurston on 12/20/2018. (Timken, A)

1 Richard L. Knickerbocker, Esq. SB#035646
Knickerbocker Law Firm
2 2425 Olympic Boulevard
Suite 4000W
3 Santa Monica, California 90404
Telephone [phone]
4 Facsimile 310 260-9063
Email [e-mail]
5
Attorneys for Plaintiff
6 ISSAM ELIE KNICKERBOCKER
7 MCGREGOR W. SCOTT
United States Attorney
8 JOSEPH B. FRUEH
Assistant United States Attorney
9 501 I Street, Suite 10-100
Sacramento, CA 95814
10 E-mail:
[e-mail]
Telephone: [phone]
11 Facsimile: [phone]
12 Attorneys for Defendants
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ISSAM ELIE KNICKERBOCKER,

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Plaintiff,

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v.

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UNITED STATES OF AMERICA; UNITED
STATES DEPARTMENT OF INTERIOR,
NATIONAL PARK SERVICE, DEATH
VALLEY NATIONAL PARK; NICOLE
GRUVER; BRYAN DREW; and DOES 3–25,

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Defendants.

Case No. 1:16-cv-01811-DAD-JLT
STIPULATION AND PROPOSED ORDER
RE: RULE 35 PHYSICAL EXAMINATION
(Doc. 69)

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IT IS HEREBY STIPULATED, by and between the parties through their undersigned counsel,

2 as follows:
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1.

Plaintiff Issam Elie Knickerbocker will undergo a physical examination conducted by

4 Dr. Geoffrey M. Miller, M.D., at 14516 Hawthorne Boulevard, Lawndale, California, Zip Code
5 90260. The examination will occur on February 6, 2019, at 12:30 p.m.
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2.

The examination will take approximately one hour to complete and will comprise a

7 standard orthopedic examination addressing the spine and extremities and will consist of four parts—
8 inspection, palpation, range-of-motion, and a neurological exam. The neurological exam will consist of
9 sensory, motor, and reflex testing.
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3.

Plaintiff shall answer all inquiries made by Dr. Miller so that he can evaluate the nature,

11 extent, and cause of Plaintiff’s condition as well as his prognosis. Dr. Miller’s inquiries shall be
12 reasonably calculated to elicit information about the nature, extent, cause, and prognosis of Plaintiff’s
13 injuries at issue in this case.
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4.

No observers shall attend the examination. The cost of the examination shall be borne by

15 Defendant United States of America.
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5.

Dr. Miller will prepare a report concerning the examination and a copy will be provided

17 to Plaintiff on or before February 15, 2019, without the need for a formal demand.
18 Dated: December 19, 2018
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KNICKERBOCKER LAW FIRM
By:

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21 Dated: December 19, 2018

(authorized on 12/19/2018)

MCGREGOR W. SCOTT
United States Attorney

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By:

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/s/ Richard L. Knickerbocker
Richard L. Knickerbocker
Attorney for Plaintiff

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/s/ Joseph B. Frueh
JOSEPH B. FRUEH
Assistant United States Attorney
Attorneys for Defendants

25 IT IS SO ORDERED.
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Dated:

December 20, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND PROPOSED ORDER
RE: RULE 35 PHYSICAL EXAMINATION

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