Palacio, et al v. United States of America

Filing 27

STIPULATION and ORDER FOR INDEPENDENT MEDICAL EXAMINATION signed by Magistrate Judge Carolyn K. Delaney on 5/1/14. (Mena-Sanchez, L)

1 BENJAMIN B. WAGNER
United States Attorney
2 VICTORIA L. BOESCH
Assistant United States Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
Facsimile: [phone]
5 [e-mail]
6 Attorneys for the United States

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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I. P., a minor, by and through her guardian ad
litem, FAGUNDOPALACIO DIAZ,
MICAELA PALACIO,
FACUNDO PALACIO DIAZ,

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Plaintiffs,
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BANNER HEALTH, an Arizona corporation,
doing business as BANNER LASSEN
MEDICAL CENTER, et al.

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Defendants.
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BANNER HEALTH, an Arizona corporation,
doing business as BANNER LASSEN
MEDICAL CENTER et al.

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Cross-Complainant,
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vs.
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PAUL C. DAVAINIS, M.D., and
ROES 100- 200,
Cross-Defendants.

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STIP & ORDER RE IME

CASE NO. 2:13-CV-01012 JAM-CKD
STIPULATION AND ORDER FOR
INDEPENDENT MEDICAL EXAMINATION
PER FEDERAL RULE OF CIVIL
PROCEDURE 35
Date:
May 7, 2014
Time:
1:00 p.m.
Location: Office of Joseph T. Capell, M.D.
5550 N Palm Ave #101
Fresno, CA 93704

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Plaintiff’s I.P., Facundo Palacio Diaz, and Micaela Palacio and Defendants the United States

2 and Banner Health respectfully submit this stipulation and proposed order for an independent medical
3 examination under Federal Rule of Civil Procedure 35. The parties hereby stipulate that Plaintiff will
4 appear for an independent medical examination as described below:
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Date/Time:
Place:

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Contact:
Phone:

May 7, 2014 @ 1:00 p.m.
5550 N Palm Ave #101
Fresno, CA 93704
Paul McCauley, Office Assistant
559-435-0161

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Manner: Physical examination consisting of well standardized medical tests, including a

11 variety of verbal and written questions, to be determined by the examiners during the examination.
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Conditions: The examination will be conducted in an examination room setting.

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The examiners have been provided with copies of plaintiff's Complaint, the parties' Rule 26(a)

14 disclosures and discovery responses, all of the medical records produced to date (including by
15 plaintiff, Defendant and in response to subpoenas served upon third party medical providers), and
16 deposition transcripts.
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Persons Conducting the Examination: Joseph Capell, M.D., Physical Medicine and

18 Rehabilitation Physician. A copy of Dr. Capell’s curriculum vitae is attached as Exhibit A to this
19 notice. Also attending the examination will be Tim Sells, Life Care Planner. A copy of Mr. Sells’
20 curriculum vitae is attached as Exhibit B to this notice. Also attending the examination will be Linda
21 Olzack, Life Care Planner. A copy of Ms. Olzack’s curriculum vitae is attached as Exhibit C to this
22 notice. Also attending the examination will be Dr. Kimberly BeDell, Pediatric Physiatrist. A copy of
23 Ms. BeDell’s curriculum vitae is attached as Exhibit D to this notice. Nurses or other support
24 personnel that are needed to take measurements, notes or otherwise assist with the examination may
25 also be present.
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It is estimated that the examination will take two hours. The examination will not be recorded,

27 but the examiners will take notes.
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STIP & ORDER RE IME

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BENJAMIN B. WAGNER
United States Attorney

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3 Dated: April 29, 2014

By:

/s/ Victoria L. Boesch
VICTORIA L. BOESCH
Assistant United States Attorney

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Attorneys for Defendant
United States of America

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7 Dated: April 29, 2014

/s/ Thomas Doyle (authorized 4/28/14)
THOMAS DOYLE
SCHUERING ZIMMERMAN & DOYLE

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Attorneys for Defendant
Banner Health

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11 Dated: April 29, 2014

/s/ Eduardo J. Ascencio (authorized 4/29/14)
EDUARDO J. ASCENCIO
LAW OFFICES OF BRUCE G. FAGEL
& ASSOCIATES

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Attorneys for Plaintiffs
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IT IS SO ORDERED.
Dated: May 1, 2014

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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STIP & ORDER RE IME

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