Kim Adams v. County of Kern et al

Filing 42

STIPULATION and ORDER FOR MENTAL/PHYSICAL EXAMINATION. The Court ORDERS the mental examination of the plaintiff as set forth in the stipulation. Order signed by Magistrate Judge Jennifer L. Thurston on 8/29/2019. (Timken, A)

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MARGO A. RAISON, COUNTY COUNSEL
By: Marshall Scott Fontes (SBN 139567)
Kathleen Rivera, Deputy (SBN 211606)
Kern County Administrative Center
1115 Truxtun Avenue, Fourth Floor
Bakersfield, CA 93301
Telephone [phone]
Fax [phone]
Attorneys for Defendant County of Kern

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KIM ADAMS, an individual,

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Plaintiffs,
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v.
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COUNTY OF KERN; KERN COUNTY
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PROBATION DEPARTMENT; DAVID M. )
KUGE, an individual; REYES
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SOBERON, JR., and individual; and
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DOES 1 through 50, inclusive,
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Defendants.
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Case No.: 1:17-CV-00464-JLT
STIPULATION FOR MENTAL/PHYSICAL
EXAMINATION; PROPOSED ORDER
(Doc. 41)

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IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES through their

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respective counsel, pursuant to Rules 29 and 35 of the Federal Rules of Civil

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Procedure as follows:
1.

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Date and Place: Plaintiff, Kim Adams, will produce herself for a mental

examination at the request of Defendant County of Kern as follows:

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(a)

Date:

October 30, 2019

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(b)

Time:

9:00 a.m.

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(c)

Location:

Bakersfield Marriott at the Convention Center
Board Room
801 Truxtun Avenue
Bakersfield, CA 93301

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Stipulation for Mental Examination; Proposed Order

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(d)

Examiner:

Plaintiff shall be examined by Dr. Charles H. Hinkin, Ph.D.,

ABPP, board certified in Clinical Neuropsychology.
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Manner, Conditions, Scope and Nature of the Examination: Plaintiff will be

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seen at the location set forth above by the examining neuropsychologist, who will

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conduct an examination consisting of: (1) a clinical interview; (2) taking a comprehensive

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psychiatric history; (3) conducting neuropsychological tests and (4) administering a

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mental status examination. The duration of the mental examination shall be no more

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than seven (7) hours exclusive of breaks. Dr. Hinkin will meet with and interview plaintiff

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in an office or conference room setting. The interview will consist of Dr. Hinkin asking

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questions and plaintiff providing answers. Dr. Hinkin will take a psychiatric and medical

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history as well as a childhood/developmental history and social/occupational history from

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plaintiff, will discuss her social functioning, parental functioning, family psychiatric

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history, current psychological/social/occupational functioning and will also discuss past

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experiences which may have contributed to her current mental status and will ask

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specific questions regarding plaintiff’s mental function.

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(a)

Defendant will provide the examining psychologist in advance with copies

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of all medical records produced to date, and with a transcript of Plaintiff’s

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deposition.

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(b)

The examining neuropsychologist will thoroughly review these medical

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records and Plaintiff’s deposition transcript before the October 30, 2019

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mental examination.

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(c)

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The Plaintiff may record the history gathering portion of the exam and
provide this to her counsel.

(d)

When gathering any history, the examining neuropsychologist shall

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specifically identify that he is performing a supplemental clinical interview.

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While conducting the interview the examining neuropsychologist will make

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a concerted effort to not simply duplicate the existing medical records.

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However, it needs be recognized that, while overlap exists, an interview
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Stipulation for Mental Examination; Proposed Order

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conducted as part of a forensic evaluation differs from that conducted in a

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purely clinical setting. Similarly, even though the general topic of inquiry

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may be the same, questions posed by an attorney during a deposition are

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designed to elicit different information than that obtained during a

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psychodiagnostic interview.

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(e)

When gathering any history, the examining neuropsychologist shall

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attempt when possible to identify generally which topic he is taking a history

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of, i.e. “I am now asking questions on the topic of psychiatric history,” “I am

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now asking childhood/developmental history,” using this or substantially

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similar language.

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If Plaintiff desires, the examining neuropsychologist will record, by audiotape

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pursuant to CCP §2032.530, the entire examination including testing. Such audio tape

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of the testing portion of the exam will be directly provided to a neuropsychologist of

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Plaintiff’s counsel’s choosing upon request.

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3.

Good cause exists for this examination.

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4.

The costs of this examination, including the fees of the examiner(s), will be

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borne by the County of Kern.

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5.

If Plaintiff requests a copy of the examination report, County of Kern will

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supply a truly conformed copy of the report and all other reports of the same condition

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authored by anyone, without any further demand on the availability of such report(s).

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Stipulation for Mental Examination; Proposed Order

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6.

The court may issue an order upon the filing of this stipulation without

notice or hearing.

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Dated: August 28, 2019

GERAGOS & GERAGOS

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By: /s/ Noah Geldberg as authorized on 08/28/19
Noah Geldberg, Esq.
Attorney for Plaintiff
Kim Adams

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Dated: August 28, 2019

MARGO A. RAISON, COUNTY COUNSEL

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By: /s/ Kathleen S. Rivera
Marshall S. Fontes, Deputy
Kathleen Rivera, Deputy
Attorneys for Defendant County of Kern,
County of Kern Probation Dept. and David M.
Kuge

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Dated: August 28, 2019

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WEAKLEY & ARENDT

By: /s/ Brande Gustafson as authorized on 08/28/19
James Weakley, Esq.
Brande Gustafson, Esq.
Attorney for Defendant
Soberon Reyes, Jr.

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#24I9778.DOC

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Stipulation for Mental Examination; Proposed Order

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ORDER

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The parties, through counsel, have submitted a stipulation for the plaintiff in this

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case. Good cause appearing, the Court ORDERS the mental examination of the plaintiff

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as set forth in the attached stipulation.

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IT IS SO ORDERED.

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Dated:

August 29, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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Stipulation for Mental Examination; Proposed Order