James v. Mehta

Filing 178

STIPULATION AND ORDER signed by Magistrate Judge Dale A. Drozd on 1/10/14 ORDERING that defendant Dr. R.K. Uppal, M.D., will submit to a mental examination to be conducted by Dr. James Rosenberg, M.D., at a date and time to be determined by the parties; IT IS FURTHER STIPULATED that the examination is authorized by F.R.C.P. Rule 35 to determine if Dr. Uppal is competent to assist in her defense in this civil action, and that good cause exists for the examination. (Becknal, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHARLES CORNELIUS JAMES,

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Plaintiff,

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v.

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DEEPAK MEHTA, ET AL.,

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Case No. 2:10-cv-01171-LKK-DAD
JOINT STIPULATION AND ORDER
FOR MENTAL EXAMINATION OF
DEFENDANT UPPAL PURSUANT
TO F.R.C.P. Rule 35

Defendant.

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IT IS HEREBY STIPULATED AND AGREED by and between the

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parties hereto, by and through their respective counsel, that defendant Dr. R.K.

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Uppal, M.D., will submit to a mental examination to be conducted by Dr. James

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Rosenberg, M.D., at a date and time to be determined by the parties;

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IT IS FURTHER STIPULATED that the examination is authorized by

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F.R.C.P. Rule 35 to determine if Dr. Uppal is competent to assist in her defense in

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this civil action, and that good cause exists for the examination.

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IT IS FURTHER STIPULATED that the nature, scope, conditions and
manner of the examination are to be as follows:
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Dr. Uppal will submit to a mental examination to be conducted by Dr.

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Rosenberg, to determine: (a) If Dr. Uppal is competent to assist in her defense in

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this civil action; and (b) What affect, if any, would undergoing an oral deposition
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have on Dr. Uppal’s mental health.
2.

Dr. Rosenberg is a physician licensed to practice medicine in the State

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of California. Dr. Rosenberg received his medical degree from the UCLA School

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of Medicine, and completed a transitional internship, a residency in psychiatry at

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the UCLA Neuropsychiatric Institute, and a fellowship in forensic psychiatry at

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Case Western Reserve University School of Medicine in Cleveland, OH. Dr.

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Rosenberg is board-certified in psychiatry with added qualifications in forensic

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psychiatry by the American Board of Psychiatry & Neurology, Inc. In addition to

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his extensive teaching and patient-care experience, he has conducted over 1,000

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medico-legal evaluations.
3.

The psychiatric examination will span approximately three to five

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hours, excluding breaks. It will consist of: (a) a focused face-to-face interview; (b)

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Mini-Mental State Examination; and (c) a Personality Assessment Inventory.

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4.

The psychiatric evaluation will not involve any physical examination.

There will be no blood tests or other intrusive medical studies or procedures.
5.

To the extent that Dr. Uppal can obtain her mental health records, or

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defense counsel can obtain authorization for Dr. Rosenberg to review them, Dr.

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Rosenberg will be provided with the records from at least the year preceding the

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examination, including records from any hospitalizations.

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6.

Dr. Rosenberg will be provided with Dr. Uppal’s responses to

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interrogatories and declaration submitted in support of summary judgment, in

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addition to the summary judgment motion.

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7.

No parties or counsel will be present at the examination.

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8.

After the examination of Dr. Uppal, Dr. Rosenberg will prepare a

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written report of his findings in conformance with F.R.C.P. Rule 35. A copy of

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said report and all mental health records reviewed in preparation for the report will

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be provided to plaintiff’s counsel subject to a protective order for attorneys’ eyes

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only. The protective order will be prepared by Dr. Uppal’s counsel and provided to
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plaintiff’s counsel and then the court for approval prior to plaintiff counsel’s receipt

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of the report and records.
A copy of Dr. Rosenberg’s report will also be provided to co-defense

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counsel subject to a protective order for attorneys’ eyes only. The protective order

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will be prepared by Dr. Uppal’s counsel and provided to co-defense counsel and the

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court for approval prior to co-defense counsel’s receipt of the report.
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the State of California Department of Corrections and Rehabilitation.
11. A copy of this Stipulation will be given to Dr. Rosenberg prior to the

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Dr. Uppal will cover the expense of the examination, by and through

examination.
SO STIPULATED:

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Dated: January 10, 2014

U.C. Davis Civil Rights Clinic

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(Electronic signature authorized
1/10/14)

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By: /s/ Carter C. White
Carter C. White
Supervising Attorney

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Attorney for Plaintiff
CHARLES C. JAMES

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Dated: January 10, 2014

Burke, Williams & Sorensen, LLP

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By: /s/ Mitchell A. Wrosch
Susan E. Coleman
Kristina D. Gruenberg
Mitchell A. Wrosch

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Attorneys for Defendant
C. CAPITANO AND R.K. UPPAL

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Dated: January 10, 2014

Williams & Associates

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(Electronic signature authorized on
1/10/14)

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By: /s/ Kathleen J. Williams_______
Kathleen J. Williams

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Attorneys for Defendants
AGUILERA, ANDREASEN, BICK,
DHILLON, MEHTA, PAI,
WILLIAMS, M.D. AND WILLIAMS,
N.P.

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IT IS SO ORDERED.
Dated: January 10, 2014

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/jame1171.exam

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