Zamora v. Department of Homeland Security et al

Filing 49

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 8/25/10: Plaintiff to submit to a medical (psychiatric) examination under the conditions set forth in the Notice of Independent Medical (psychiatric) Examination attached as Exhibit "1" to the parties' stipulation and proposed order 48 .(Kaminski, H)

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Zamora v. Department of Homeland Security et al Doc. 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BENJAMIN B. WAGNER United States Attorney JASON EHRLINSPIEL Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 (916) 554-2743 Direct (916) 554-2900 Facsimile Attorneys for Defendants Mark E. Ellis 127159 (mellis@ecplslaw.com) Ronald R. Poirier 175511 (rpoirier@ecplslaw.com) Jennifer S. Gregory 228593 (jgregory@ecplslaw.com) ELLIS, COLEMAN, POIRIER, LAVOIE, & STEINHEIMER LLP 555 University Avenue, Suite 200 East Sacramento, CA 95825 Tel: (916) 283-8820 Fax: (916) 283-8821 Attorneys for Plaintiff JENNIFER ZAMORA UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA JENNIFER ZAMORA, Plaintiff, v. JANET NAPOLITANO, SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY; GALE ROSSIDES, ASSISTANT SECRETARY/ACTING ADMINISTRATOR OF THE TRANSPORTATION SECURITY ADMINISTRATION, Defendants. Case No.: 09-CV-01292 JAM-EFB STIPULATION AND ORDER ______________________________________________________________________________________________________________________________________________________________________________________________________________________ STIPULATION AND ORDER 1 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff JENNIFER ZAMORA and Defendant JANET NAPOLITANO, Secretary of the Department of Homeland Security, of the above-entitled action by and through their attorneys of record, hereby stipulate and agree as follows: 1. Plaintiff JENNIFER ZAMORA has brought suit against the Secretary, asserting claims of sexual harassment and retaliation under Title VII arising out of her employment with the Transportation Security Administration. ("TSA") 2. Zamora claims that her supervisor subjected her to sexual harassment during her employment as a TSA security screener at the Sacramento International Airport. Complaint, Docket Entry 1-2. In connection with her allegations, Zamora claims that she "sustained and continues to sustain physical manifestations of stress and anxiety and extreme and severe mental anguish and emotional distress, and was required to employ, and will be required to employ in the future, physicians and surgeons to examine, treat and care for her and did incur, and will in the future incur, medical and incidental expenses." Id. at 40. 3. Plaintiff concedes that she has placed her mental condition at issue in this litigation and that good cause exist for an independent medical (psychiatric) examination pursuant to Fed. R. Civ. P. 35. 4. The Notice of Independent (Psychiatic) Examination is attached as Exhibit "1". The examination will be taken pursuant to and under the conditions set forth in Exhibit "1". ______________________________________________________________________________________________________________________________________________________________________________________________________________________ STIPULATION AND ORDER 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO STIPULATED. Date: August 18, 2010 BENJAMIN B. WAGNER UNITED STATES ATTORNEY By: /s/ Jason Ehrlinspiel Jason Ehrlinspiel Assistant United States Attorney Attorneys for Defendants Date: August 18, 2010 By: /s/ Jennifer S. Gregory Jennifer S. Gregory Ellis, Coleman, Poirier, LaVoie, & Steinheimer LLP Attorneys for Plaintiff JENNIFER ZAMORA ORDER Pursuant to the parties stipulation, Plaintiff's mental condition being at issue and good cause appearing for Plaintiff's submission to a independent medical examination pursuant to Fed. R. Civ. P. 35, the Court hereby orders Plaintiff to submit to a medical (psychiatric) examination under the conditions set forth in the Notice of Independent Medical (psychiatric) Examination attached as Exhibit "1" to the parties' stipulation and proposed order, Dckt. No. 48. IT IS SO ORDERED. Dated: August 25, 2010. ______________________________________________________________________________________________________________________________________________________________________________________________________________________ STIPULATION AND ORDER 3

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