Chissie v. Winco Foods, LLC et al

Filing 40

ORDER signed by Judge Morrison C. England, Jr. on 7/29/2011 GRANTING defendants' 38 Ex Parte Application to modify Court's Pretrial Scheduling Order and to compel independent medical examination. Plaintiff Leslie Ann Chissie is ORDERED to submit an independent medication examination relating to her mental condition. The Examination will take place by 8/4/2011. Defendants allowed until 8/11/2011 to file their Rebuttal Expert Witness Disclosures. All Deposition of any and all Expert Witnesses shall be completed by 8/19/2011. (Marciel, M)

1
2
3
4

SEYFARTH SHAW LLP
Jason T. Cooksey (State Bar No. 208748)
Kristina M. Launey (State Bar No. 221335)
Jasmine L. Anderson (State Bar No. 252973)
400 Capitol Mall, Suite 2350
Sacramento, California 95814-4428
Telephone: [phone]
Facsimile: [phone]

5
6

Attorneys for Defendants
WINCO FOODS, LLC and JOEL CLARK

7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16

LESLIE ANN CHISSIE,

)
)
Plaintiff,
)
)
v.
)
)
WINCO FOODS, LLC; JOEL CLARK, )
and DOES 1 through 25, Inclusive,
)
)
Defendants.
)
)
)

Case No. 2:09-CV-02915-MCE-EFB
ORDER GRANTING DEFENDANTS’ EX
PARTE APPLICATION FOR AN ORDER
MODIFYING THE COURT’S PRETRIAL
SCHEDULING ORDER AND COMPELLING
AN INDEPENDENT MEDICAL
EXAMINATION
Ex Parte Application Filed Concurrently
Herewith

17
Defendants WinCo Foods, LLC’s and Joel Clark applied, ex parte, for an Order

18
19

Modifying The Court’s Pretrial Scheduling Order And Compelling An Independent Medical

20

Examination. Having reviewed the papers submitted in support of and in opposition to

21

defendants’ Application, and the authorities and argument of counsel thereon, and good cause

22

appearing therefore,
1.

23

Defendants’ Ex Parte Application For An Order Modifying The Court’s Pretrial

24

Scheduling Order And Compelling An Independent Medical Examination is GRANTED as

25

follows:

26

///

27

///

28

///

1

1

A.

Plaintiff Leslie Ann Chissie is ordered to submit to an Independent

2

Medical Examination relating to her mental condition. The examination will take place by

3

August 4, 2011 and shall be completed within one day. Defendants will be allowed until

4

August 11, 2011 to file their rebuttal expert witness disclosures. The examination will take

5

place at a place in Sacramento County that is mutually agreeable to the parties, and will start at a

6

time mutually agreeable between the parties.

7
8

B

The mental examination will be conducted by Dr. Ronald Roberts, Ph.D,

ABPP, of Forensic Psychiatric Associates Medical Corporation.

9

C.

The examination of Plaintiff will consist only of the following diagnostic

10

tests to assess the extent of plaintiff’s emotional damages and the causes of any emotional

11

damages: Minnesota Multiphasic Personality Inventor-2 (MMPI-2); Wahler Physical Symptoms

12

Inventory Rorschach Inkblot Test Thematic Apperception Test (TAT); and Personality

13

Assessment Inventory (PAI). If Dr. Roberts determines that any further examination is

14

necessary, he will contact defense counsel to inform defense counsel of the test, the scope of the

15

test, and the need of the test. Defense counsel will meet and confer with plaintiff’s counsel

16

regarding any proposed additional testing.

17

D.

The mental examination shall also consist of an oral interview session

18

involving questions and answers to further assess the extent of plaintiff’s emotional damages,

19

and the causes of any emotional damages.

20
21

E.

Neither plaintiff’s nor defendants’ counsel shall attend the mental

F.

Plaintiff is not to be questioned concerning her conversations with her

examination.

22
23

counsel, Charleton Pearse, nor any person affiliated with his counsel or his counsel's office,

24

including but not limited to Lenahan, Lee, Slater & Pearse, LLP.

25

G.

Plaintiff shall be entitled to take reasonable breaks during the examination

26

process, including, but not limited to a lunch break, rest breaks and bathroom breaks.

27

///

28

///

2

1

H.

The tests taken by plaintiff as part of the mental examination, along with

2

any notes and/or written reports and/or records maintained in any format, including electronic

3

data, by the examiner are confidential medical records relating to plaintiff's mental health. These

4

records are confidential and shall not be subject to distribution (without the written authorization

5

of Plaintiff) to anyone except counsel for defendants and defendants, who shall treat these

6

documents as confidential and subject to a protective order. Said records may be used by

7

defense counsel in preparation for trial, in trial and in other proceedings in this matter, but for no

8

other purpose. Defense counsel may not give these records to anyone except members of its law

9

firm, and defendants to the degree necessary to assist in its defense of this litigation. Any such

10

records filed with the Court must be labeled “confidential.” At the conclusion of the litigation in

11

this matter, whether by way of settlement or final judgment, counsel for defendants shall destroy

12

all copies of plaintiff's mental health records in their possession, custody and control and provide

13

plaintiff's counsel with a certificate of destruction within 60 days of the conclusion of the

14

litigation. The medical examiner will be permitted to retain records per local State and federal

15

law, but will not disseminate the report without consent of plaintiff.

16
17
18
19

2.

All depositions of any and all expert witnesses shall be completed by August 19,

2011.
IT IS SO ORDERED:
DATE: July 29, 2011

20
______________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

21
22
23
24
25
26
27
28

3