Burch v. California Department of Motor Vehicles

Filing 68

STIPULATION and ORDER for mental testing and examination pursuant to Rule 35 of the FRCP signed by District Judge Troy L. Nunley on 12/4/2015. (Zignago, K.)

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KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
DAVID J. NEILL, State Bar No. 186997
Supervising Deputy Attorney General
LYKISHA D. BEASLEY, State Bar No. 282907
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendant
Department of Motor Vehicles

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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BRIAN BURCH,

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v.

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2:13-CV-01283-TLN-DAD
Plaintiff, STIPULATION AND ORDER FOR
MENTAL TESTING AND
EXAMINATION PURSUANT TO RULE
35 OF THE FEDERAL RULES OF CIVIL
PROCEDURE

CALIFORNIA DEPARTMENT OF
MOTOR VEHICLES and DOES 1 - 10,
inclusive,

Judge:
Honorable Troy L. Nunley
Trial Date:
July 11, 2016
Action Filed: June 26, 2013

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Defendant.
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It is stipulated by Gregory Finch of the Signature Law Group, attorneys for plaintiff, and by
Lykisha D. Beasley, Deputy Attorney General of the California Attorney General’s Office,
attorneys for defendants (collectively, the “parties”) as follows:
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The vocational abilities and earning capacity of the plaintiff are in controversy in the

above-referenced action. Plaintiff alleges that actions taken by his employer, the DMV, have and
will continue to cause him to incur significant lost income, lost benefits, and lost employment and
promotional opportunities. Plaintiff also claims that at times, he was given inordinate amounts of
work, insufficient amounts of work, inaccurate work evaluations, and also that he was subject to a

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Stipulation and Order for Mental Testing and Examination (2:13-CV-01283-TLN-DAD)

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hostile work environment. Plaintiff further asserts that he suffers from depression, anxiety, stress,

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and humiliation due to the defendant employer. Between July of 2011 and January of 2015,

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plaintiff has worked only a handful of days due to medical in connection with the allegations at

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issue in this lawsuit.

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2.

Plaintiff will thus submit to a vocational interview and testing administered by Ricky

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A. Sarkisian, Ph.D. The testing shall be conducted to industry standards. The interview and

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testing will take place at Valley Rehabilitation Services, Inc., 545 E. Alluvial Avenue, Suite 116,

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Fresno, CA 93720. The interview and testing by Dr. Sarkisian will occur on November 23, 2015.

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The interview and testing will begin at 10:00 a.m. and last approximately four hours, and will be

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conducted in an air conditioned office-type setting. Only plaintiff and Dr. Sarkisian (and Dr.

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Sarkisian’s support staff, if any) are permitted inside the room where the interview and testing

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will take place.

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3.

Plaintiff will also submit to a clinical interview and psychological testing conducted

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by Randall Epperson, Ph.D, on February 16, 2016, at 9:00 a.m. The examination will take place at

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Dr. Epperson’s office located at 1601 I Street, Suite 440, Modesto, CA 95354. The examination

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will begin at 9:00 a.m. and last approximately seven hours, and will be conducted in an air

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conditioned office-type setting. Only plaintiff and Dr. Epperson (and Dr. Epperson’s support

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staff, if any) are permitted inside the room where the examination will take place. The parties

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understand and agree that the Scheduling Order (ECF No. 65) will need to be modified in order to

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accommodate the psychological examination appointment which falls beyond the close of

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discovery. The parties stipulate to holding discovery open until February 16, 2016 for the sole

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purpose of Dr. Epperson’s examination. All other discovery will be completed by November 25,

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2015 in accordance with the Scheduling Order.

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4.

During the testing and interview, plaintiff shall truthfully answer all questions

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submitted to him by Drs. Sarkisian and Epperson including those concerning his occupational

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history, his prior and current injuries, and his prior and current medical and psychological

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condition as well as those items listed below in paragraph 5.

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Stipulation and Order for Mental Testing and Examination (2:13-CV-01283-TLN-DAD)

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5.

The testing and interview will involve no invasive, dangerous, or painful physical

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procedures. The interview portion will involve taking plaintiff’s medical and psychiatric history,

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including a personal, family, marital, relationship, developmental, educational, financial,

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occupational, social, legal, drug, alcohol, medical, medication, and hospitalization history. The

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examination will involve a mental status interview.. The interview will also involve taking a

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stated history of events leading to the emotional, mental or medical conditions plaintiff claims to

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have suffered as a result of defendants’ alleged conduct, identified above; the appropriateness of

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treatment plaintiff received including therapy, counseling, and medication; an evaluation of the

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prognosis of the plaintiff’s conditions; and, an evaluation as to whether plaintiff would benefit

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from a particular course of treatment.
6.

This stipulation is made in lieu of the defendants’ motion pursuant to Rule 35 of the

Federal Rules of Civil Procedure.
7.

Defendants are responsible for Drs. Sarkisian and Epperson’s costs conducting the

testing and examination.
IT IS SO STIPULATED.
Dated: November 20, 2015

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GREGORY.FINCH, ESQ.
SIGNATURE LAW GROUP, LLP.
/s/ GREGORY FINCH as authorized on
11/20/15

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GREGORY FINCH
Attorneys for Plaintiff

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Dated: November 20, 2015

KAMALA D. HARRIS
ATTORNEY GENERAL OF CALIFORNIA
DAVID J. NEILL
SUPERVISING DEPUTY ATTORNEY
GENERAL
/s/ LYKISHA D. BEASLEY
LYKISHA D. BEASLEY
DEPUTY ATTORNEY GENERAL
Attorneys for Defendants
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Stipulation and Order for Mental Testing and Examination (2:13-CV-01283-TLN-DAD)

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IT IS SO ORDERED.
Dated: December 4, 2015

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Troy L. Nunley
United States District Judge

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Stipulation and Order for Mental Testing and Examination (2:13-CV-01283-TLN-DAD)