Eaglesmith et al v. Ray et al

Filing 160

FIRST AMENDED STIPULATION AND ORDER signed by Judge John A. Mendez on 7/19/2012 ORDERING 159 Therefore, plaintiffs and defendants hereby stipulate that the Court enter an Order that directs Dr. Jeff Gould to produce the tests and test results to the parties' attorneys. 47 (Reader, L)

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DAN SIEGEL, SBN 56400
PETER HABERFELD, SBN 41723
MICHAEL SIEGEL, SBN 269439
SIEGEL & YEE
499 14th Street, Suite 220
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs
JERALD CLINTON (J.C.) EAGLESMITH,
RAMONA EAGLESMITH,
EILEEN COX, and BRUCE BARNES

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JERALD CLINTON (J.C.) EAGLESMITH, ) Case No. 2:11-CV-00098-JAM-JFM
RAMONA EAGLESMITH, EILEEN COX, )
and BRUCE BARNES,
) FIRST AMENDED STIPULATION AND
) ORDER TO PRODUCE INDEPENDENT
Plaintiffs,
) MEDICAL EXAMINER TESTS AND
vs.
) TEST RESULTS TO PARTIES,
) PURSUANT TO FED.R.CIV.P. 35(b)(1)
JEFF RAY, as an individual, SUE
) and (5)
SEGURA, as an individual, and BOARD )
OF TRUSTEES OF PLUMAS COUNTY
)
OFFICE OF EDUCATION/ PLUMAS
)
COUNTY UNIFIED SCHOOL DISTRICT, )
)
Defendants.
)

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Plaintiffs J.C. Eaglesmith, Eileen Cox and Bruce Barnes allege in their Complaint

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that defendants’ conduct caused them emotional distress. Because they thereby placed

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their mental condition at issue, they agreed to submit to an independent medical

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examination by defendants’ expert Dr. Jeff Gould. In the course of examining each

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plaintiff, Dr. Gould conducted various psychological tests, and enlisted Dr. Bronson to
analyze the results.
Plaintiffs have requested that defendants produce the tests and test results in
Eaglesmith v. Ray, Case No. 2:11-cv-00098-JAM-JFM
1st Amended Stip. and Order to Produce IME tests and test results to parties- 1

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order that plaintiffs can prepare cross examination of Dr. Gould and any other

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defendant expert that relies on those tests and test results. According to defendant’s

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attorneys, Dr. Gould believes that the ethical rules of the American Psychiatric
Association preclude him from sharing “the test and raw data results” with anyone
other than a licensed clinical psychologist or psychiatrist.
On July 27, 2011, the parties entered a Stipulation for Protective Order (Dkt. No.
47). The Court signed the Order on July 29, 2011.
Fed.R.Civ.P. 35(b)(1) entitles the person examined to be provided with a copy of
the medical examiner’s written report and requires that the report include “in detail* * *

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the results of any tests.” Rule35(b)(5) grants to the Court the authority to order on

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motion that the party deliver the report, as defined by Rule 35(b)(1), and “[i]f the report

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is not provided, the court may exclude the examiner’s testimony at trial.”

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Therefore, plaintiffs and defendants hereby stipulate that the Court enter an
Order that directs Dr. Jeff Gould to produce the tests and test results to the parties’
attorneys.

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Dated: July 18, 2012

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SIEGEL & YEE

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By: /s/Peter Haberfeld
Peter Haberfeld

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Attorneys for Plaintiffs

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Dated: July 18, 2012

STUBBS & LEONE
By: /s/ Brian Duus
Brian Duus
Attorneys for Defendants

Eaglesmith v. Ray, Case No. 2:11-cv-00098-JAM-JFM
1st Amended Stip. and Order to Produce IME tests and test results to parties- 2

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Dated: July 19, 2012

IT IS SO ORDERED.

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/s/ John A. Mendez
John A. Mendez
United States District Judge

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Eaglesmith v. Ray, Case No. 2:11-cv-00098-JAM-JFM
1st Amended Stip. and Order to Produce IME tests and test results to parties- 3