Eaglesmith et al v. Ray et al

Filing 84

STIPULATION and ORDER signed by Magistrate Judge John F. Moulds on 3/30/12 GRANTING the mental examination of plaintiff Jerald Clinton (J.C.) Eaglesmith. The examination will occur on 4/18/12, at 10:00 a.m. at Esquire Deposition Services, located at 2151 River Plaza Dr., Ste. 300, Sacramento, CA, 95833, (916) 446-2700, and will be conducted by Jeffrey Gould, M.D. (Becknal, R)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALFORNIA 10 SACRAMENTO DIVISION 11 12 JERALD CLINTON (J.C.) EAGLESMITH, RAMONA EAGLESMITH, JUSTUS EAGLESMITH, EILEEN COX, and BRUCE BARNES Case No.: 2:11-CV-00098-JAM-JFM 13 STIPULATED ORDER TO ALLOW MENTAL EXAMINATION OF PLAINTIFF JERALD CLINTON (J.C.) EAGLESMITH Plaintiffs, 14 vs. 15 16 17 18 19 JEFF RAY, as an individual, SUE SEGURA, as an individual, BRUCE WILLIAMS, as an individual, TERRY OESTREICH, as an individual, TORI WILLITS, as an individual, GLENN HARRIS, as an individual, YVONNE BALES, as an individual, and BOARD OF TRUSTEES OF PLUMAS COUNTY OFFICE OF EDUCATION/PLUMAS COUNTY UNIFIED SCHOOL DISTRICT 20 Defendants. 21 22 PLAINTIFF JERALD CLINTON (J.C.) EAGLESMITH AND DEFENDANTS 23 PLUMAS COUNTY OFFICE OF EDUCATION/PLUMAS UNIFIED SCHOOL DISTRICT, 24 SUE SEGURA AND JEFF RAY BY AND THROUGH THEIR ATTORNEYS OF RECORD, 25 HEREBY STIPULATE AS FOLLOWS: 26 27 1. That Plaintiff Jerald Clinton (J.C.) Eaglesmith(“Plaintiff”) will undergo an independent mental examination (“IME”); 28 _________________________________________________________________________________________________________ STIPULATED ORDER TO ALLOW MENTAL EXAMINATION OF PLAINTIFF JERALD CLINTON (J.C.) EAGLESMITH 1 1 2 3 2. The mental examination of Plaintiff referenced herein is proper because Plaintiff has put his mental and psychological condition at issue in this action; 3. That the examination will occur on April 18, 2012, at 10:00 a.m. at Esquire 4 Deposition Services, located at 2151 River Plaza Dr., Ste. 300, Sacramento, California, 95833, 5 telephone number (916) 446-2700, and will be conducted by Jeffrey Gould, M.D. 6 4. That said examination will consist of an oral interview and evaluation of Plaintiff, 7 the procurement of Plaintiff’s life and psychological history, and psychological testing of 8 Plaintiff, and will not exceed 8 hours. The parties anticipate that the examination will consist of 9 tests standard in psychological evaluations, including a clinical interview and brief cognitive 10 screening. With respect to an assessment of emotional functions and the plaintiff’s personality, 11 his or her personality status and attitude toward illness, plaintiff will be examined through the 12 administration of one or more of the following measures: the Minnesota Multiphasic Personality 13 Inventory-2 (MMPI-2), the Millon Clinical Multiaxial Inventory-III (MCMI-III), and the 14 Incomplete Sentences Blank. 15 16 17 5. That said examination will not consist of any tests or procedures which would be painful, protracted or intrusive to Plaintiff. 6. That an IME report will be prepared by Defendants’ designated expert Jeffrey 18 Gould, M.D., within thirty days after the date of the examination, or by May18, 2012, and will be 19 made available to plaintiffs’ counsel at that time. 20 IT IS SO STIPULATED: 21 22 23 24 25 26 Date: ___________ SIEGEL & YEE __________________________________ DAN SIEGEL, ESQ. PETER HABERFELD, ESQ. Attorneys for Plaintiffs JERALD CLINTON (J.C.)EAGLESMITH, RAMONA EAGLESMITH, BRUCE BARNES AND EILEEN COX 27 28 _________________________________________________________________________________________________________ STIPULATED ORDER TO ALLOW MENTAL EXAMINATION OF PLAINTIFF JERALD CLINTON (J.C.) EAGLESMITH 2 1 Date: ___________ STUBBS & LEONE 2 3 __________________________________ LOUIS A. LEONE KATHLEEN DARMAGNAC, ESQ. BRIAN DUUS, ESQ. Attorney for Defendants PLUMAS COUNTY OFFICE OF EDUCATION/PLUMAS UNIFIED SCHOOL DISTRICT, SUE SEGURA AND JEFF RAY 4 5 6 7 8 9 Although not apparent here, the court’s docket reflects that the parties have signed this 10 stipulation. See Doc. No. 81. 11 IT IS SO ORDERED. 12 13 Date: 3/30/2012 14 15 ______________________________________ UNITED STATES MAGISTRATE JUDGE 16 DEAC_Signature-END: 17 18 /014;eagl0098.stip3 19 9cekb3i 20 9cekb3i 21 22 23 24 25 26 27 28 _________________________________________________________________________________________________________ STIPULATED ORDER TO ALLOW MENTAL EXAMINATION OF PLAINTIFF JERALD CLINTON (J.C.) EAGLESMITH 3

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