Moore et al v. Superway Logistics, Inc. et al

Filing 67

JOINT STIPULATION and ORDER to Conduct Independent Medical Examination of Plaintiff, Billy Moore signed by Magistrate Judge Barbara A. McAuliffe on 5/23/2019. (Sant Agata, S)

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Michael J. Czeshinski, #138063
Quentin Cedar, #251153
WILKINS, DROLSHAGEN & CZESHINSKI LLP
6785 N. Willow Ave.
Fresno, CA 93710
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants, Superway Logistics, Inc.
and Sandeep Singh

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA-FRESNO

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BILLY MOORE and DON LUCAS,
Plaintiff,

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v.

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Case Number 1:17-CV-01480 DAD-BAM
JOINT STIPULATION TO CONDUCT
INDEPENDENT MEDICAL
EXAMINATION OF PLAINTIFF,
BILLY MOORE; ORDER

SUPERWAY LOGISTICS, INC. and
SANDEEP SINGH,

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Defendants.

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WHEREAS, Plaintiff, BILLY MOORE (“Plaintiff”), and Defendants, SUPERWAY
LOGISTICS, INC. and SANDEEP SINGH (“Defendants”), are presently engaged in discovery;
WHEREAS, the parties agree that Plaintiff, BILLY MOORE, has put his physical
condition directly at issue;

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WHEREAS, the parties agree that good cause exists for, and thus Defendants are therefore

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entitled to, a physical examination of Plaintiff, as permitted under Rule 35 of the Federal Rules of

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Civil Procedure;

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NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED THAT THE

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WILKINS,
DROLSHAGEN &
CZESHINSKI LLP
6785 N. Willow Ave.
Fresno, CA 93710

COURT

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MAY ENTER AN ORDER as follows:

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1.

Plaintiff agrees to submit to the below described physical examination at the office

of Kurt V. Miller, M.D., Fresno NeuroBehavioral Associates, 1660 East Herndon, Suite 150,
Fresno, CA 93720.
Joint Stipulation to Conduct Independent
Medical Examination of Plaintiff, Billy Moore; Order

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2.

The examination will be conducted by Kurt V. Miller, M.D., a licensed physician

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in the State of California and a Board Certified Neurologist. A copy of Kurt V. Miller, M.D.’s

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CV is attached hereto as “Exhibit A”.

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3.

The examination will be a standard physical examination and will inquire into

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Plaintiff’s health complaints arising from the certain incident, occurrence or transaction at issue,

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as well as medical history which is relevant or which may lead to the discovery of admissible

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evidence concerning Plaintiff’s complaints. No invasive procedures, such as blood or urine

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samples will be required. The examination also may require radiographic studies, if necessary.

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4.

The examination will be conducted on July 24, 2019, from 2:45 p.m. to 5:00 p.m.

IT IS SO STIPULATED:
WILKINS, DROLSHAGEN & CZESHINSKI LLP

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Dated: May 21, 2019

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By /s/ Quentin Cedar
Michael J. Czeshinski
Quentin Cedar
Attorneys for Defendants,
Superway Logistics, Inc. and Sandeep Singh

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ZINDA LAW GROUP, PLLC

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Dated: May 21, 2019

By

/s/ Joseph Caputo
Joseph Caputo
Alaina Zermeno
Attorneys for Plaintiffs,
Billy Moore and Don Lucas

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WILKINS,
DROLSHAGEN &
CZESHINSKI LLP
6785 N. Willow Ave.
Fresno, CA 93710

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Joint Stipulation to Conduct Independent
Medical Examination of Plaintiff, Billy Moore; Order

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ORDER

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Pursuant to the stipulation of the parties and good cause appearing therefor, IT IS HEREBY
ORDERED:

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1.

Plaintiff BILLY MOORE shall submit to a physical examination at the office of

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Kurt V. Miller, M.D., Fresno NeuroBehavioral Associates, 1660 East Herndon, Suite 150, Fresno,

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CA 93720;

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2.

The examination of Plaintiff BILLY MOORE shall be conducted by Kurt V. Miller,

M.D., a licensed physician in the State of California and a Board Certified Neurologist;

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3.

The examination of Plaintiff BILLY MOORE shall be a standard physical

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examination and will inquire into Plaintiff’s health complaints arising from the certain incident,

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occurrence or transaction at issue in this case, as well as relevant medical history. No invasive

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procedures such as blood or urine samples will be required. The examination also may require

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radiographic studies, if necessary; and

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4.

The examination of Plaintiff BILLY MOORE shall be conducted on July 24, 2019,

from 2:45 p.m. to 5:00 p.m.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

May 23, 2019

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WILKINS,
DROLSHAGEN &
CZESHINSKI LLP
6785 N. Willow Ave.
Fresno, CA 93710

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Joint Stipulation to Conduct Independent
Medical Examination of Plaintiff, Billy Moore; Order

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