Salas v. Facultatieve Technologies The Americas, Inc. et al

Filing 72

ORDER on Stipulation re Physical Examination of Plaintiff Jonathan Salas, signed by Magistrate Judge Barbara A. McAuliffe on 8/8/19. (Marrujo, C)

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NATHANIEL R. LUCEY, Esq. (SBN 260796)
LAURA E. MALKOFSKY, Esq. (SBN 142536)
ERICKSEN ARBUTHNOT
152 North Third Street, Suite 700
San Jose, CA 95112
Tel: [phone]
Fax: [phone]
Attorneys for Defendants
FACULTATIEVE TECHNOLOGIES
THE AMERICAS, INC. and INCINERATOR
SPECIALISTS, INC.

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JONATHAN SALAS,
Plaintiff,
v.

No. 1:17-CV-00335-LJO-BAM
STIPULATION AND ORDER RE:
PHYSICAL EXAMINATION OF
PLAINTIFF JONATHAN SALAS

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FACULTATIEVE TECHNOLOGIES
THE AMERICAS, INC., ET AL.,

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Defendants.

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IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES, BY AND

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THROUGH THEIR ATTORNEYS OF RECORD that Plaintiff Jonathan Salas shall submit to a

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physical examination with the following manner, conditions, and scope under Federal Rule of

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Civil Procedure 35:

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Manner, Conditions and Scope of Physical Examination

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1.

The date and time for the physical examination will be August 19 at 9:00 a.m.

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2.

The physical examination will be performed by Peter Sfakianos, MD.

Dr.

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Sfakianos is Board Certified in Orthopedic Surgery. Attached hereto as Exhibit “A’ is a true and

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correct copy of Dr. Sfakianos’ Curriculum Vitae setting forth his qualifications and background.

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3.

The location of the examination will be El Dorado Orthopedics, 1580 Creekside

Drive, Suite 100, Folsom, CA 95630.
4.

The manner, condition, scope and nature of the physical examination will be a

Stip. and Order Re Physical Examination of Plaintiff Jonathan Salas
Salas v. Facultatieve, et al.
Case No. 1:17-CV-00335-LJO-BAM

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three-part exam consisting of:

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a.

An interview in the doctor’s office which will include, but is not limited to,

the history of the event, treatment, prior medical history and present symptoms;

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b.

A physical examination involving:

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1.

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measurements;

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2.

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3.

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Provocative no painful, noninvasive testing or plaintiff’s right
hand/right upper extremity;

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Right Upper extremity range of motion, neurologic exam &

Specific orthopedic exam of Mr. Salas based on examinee’s
underlying complaints of his right hand/right upper extremity.

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The examination will not include any diagnostic test or procedure that is painful,

protracted or intrusive.
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It is further stipulated that the examination will be videotaped. Defendants reserve

the right to use said videotape at trial.
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It is further stipulated that, following the examination, a copy of Dr. Sfakianos’

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report related to the examination will be produced to Mr. Salas’ counsel as required by Federal

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Rule of Civil Procedure 35. Dr. Sfakianos’ report shall be in writing and must set out in detail his

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examiner's findings, including diagnoses, conclusions, and the results of any tests. After delivering

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Dr. Sfakianos’ report, defendants may request—and are entitled to receive—from Mr. Salas, like

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reports of all earlier or later examinations of the same condition. By requesting and obtaining Dr.

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Sfakianos’ report, or by deposing Dr. Sfakianos, Mr. Salas waives any privilege he may have—in

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that action or any other action involving the same controversy—concerning testimony about all

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examinations of the same condition. The court on motion may order—on just terms—that a party

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deliver the report of an examination. If the report is not provided, the court may exclude the

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examiner's testimony at trial.

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8.

It is further stipulated that defendants will be responsible for the fees associated

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with this examination, including Dr. Sfakianos’ cancellation policy, unless plaintiff cancels said

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examination on or after August 14, 2019. Should Mr. Salas be unable to comply with Dr.
Stip. and Order Re Physical Examination of Plaintiff Jonathan Salas
Salas v. Facultatieve, et al.
Case No. 1:17-CV-00335-LJO-BAM

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Sfakianos’ cancellation policy for any unexpected health reason, Mr. Salas reserves the right to

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object to the payment of Dr. Sfakianos’ cancellation costs incurred. Defendants reserve the right

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to seek payment for any cancellation by Mr. Salas. In this situation, Mr. Salas and defendants

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agree to work together to promptly reschedule the examination and reasonably resolve any issues

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regarding the payment of Dr. Sfakianos’ cancellation costs incurred.

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The parties agree that this Stipulation may be signed in counterpart, and each counterpart

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shall be deemed an original, and all counterparts so executed shall constitute one Stipulation, and

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further, that faxed or emailed signatures shall be treated as originals.

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IT IS SO STIPULATED

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MASTAGNI HOLSTEDT, A.P.C.

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DATED: 8/7/2019

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By: _________/s/____________________
GRANT A. WINTER
Attorney for Plaintiff

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ERICKSEN ARBUTHNOT

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DATED: 8/7/2019

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By: _________/s/____________________
NATHANIEL R. LUCEY
Attorney for Defendants Facultatieve
Technologies The Americas, Inc. and
Incinerator Specialists, Inc.

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ORDER

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Having reviewed the Stipulation set forth above, and FOR GOOD CAUSE APPEARING
THEREFORE, the above Stipulation is accepted, adopted and made the Order of the Court.
IT IS SO ORDERED.
Dated:

August 8, 2019

/s/ Barbara

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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Stip. and Order Re Physical Examination of Plaintiff Jonathan Salas
Salas v. Facultatieve, et al.
Case No. 1:17-CV-00335-LJO-BAM