Stewart v. Cassidy

Filing 17

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/9/14. The physical examination of the plaintiff shall proceed according to the terms of the parties' stipulation. (Manzer, C)

1
2
3
4
5
6
7

ADAMS & CORZINE
A Professional Corporation
MICHAEL K. PAZDERNIK, ESQ. SBN 144337
MARIA S. ROSENFELD, ESQ. SBN 186116
740 Oak Avenue Parkway, Suite 120
Folsom, CA 95630
Phone: [phone]
Fax: [phone]
Attorneys for Defendant
KEVIN J. CASSIDY

8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

SACRAMENTO DIVISION

11
12

COLLEEN STEWART,

13
14
15

Plaintiff,
vs.
KEVIN J. CASSIDY,

16

Defendant.

17

)
)
)
)
)
)
)
)
)
)
)

Case No. 2:14-CV-00326-CKD
STIPULATION AND ORDER FOR
PHYSICAL EXAMINATION OF PLAINTIFF
Assigned to:
Magistrate Judge: Hon. Carolyn K. Delaney

18
19

The parties herein, through their attorneys of record, hereby agree and stipulate to the

20

following:

21

(1)

22
23
24

Plaintiff Colleen Stewart (“plaintiff”) shall submit to a physical examination on

October 8, 2014 at 4:00 p.m. by licensed prosthodontist Robert Gillis, D.M.D., at Dr. Gillis’
office located at 3000 L Street, Sacramento, CA 95816.
Dr. Dr. Gillis has been retained as a defense expert and will testify on the issues of duty,
breach, causation and damages from the perspective of a D.M.D., including but not limited to

25

opinions relating to function and aesthetics, and concerning the propriety of the treatment plan,
26
27
28

and standard of care issues as regards to the treatment plan and execution of the treatment plan.
(2) The examination will be conducted for the purpose of determining, evaluating and
assessing the plaintiff's dental condition and claims of dental injury in controversy in this action.
-1STIPULATION AND ORDER FOR PHYSICAL EXAMINATION OF PLAINTIFF
Case No. 2:14-CV-00326-GEB-CKD

1

Claims of continuing, ongoing or permanent dental and dental related problems, if any, will be

2

within the scope of the examination, including claims for future care and/or treatment.

3

The examination by Dr. Gillis shall include, and be limited to, a taking of plaintiff’s

4

Dental history relevant to the injuries she sustained which are the subject of this litigation; any

5

and all dental treatment and diagnoses relating to the injuries she alleges she suffered in this

6

accident; and her continuing symptomology.
(3) At the time of said examination, plaintiff shall answer all proper questions submitted

7

to her by Dr. Gillis, including, but not limited to, those relating to her dental history, prior dental
8
9

related injuries, and present symptoms regarding plaintiff’s restorations and otherwise, for
purposes of Dr. Gillis’ evaluation and examination.

10
11
12

(4) The examination shall not include any intrusive and/or painful testing, such as blood
tests, but may include the taking of X-rays, and/or the taking of photographs and measurements as
deemed necessary by Dr. Gillis to perform a prosthodontic evaluation examination.
(5) Dr. Gillis will be provided with plaintiff’s medical records and films by defense

13
14

counsel, which he will review prior and/or subsequent to his examination of plaintiff.

15

(6) After the examination of plaintiff, Dr. Gillis will prepare a written report of his

16

findings in conformance with F.R.C.P. Rule 35. A copy of such report will be provided to

17

plaintiff’s counsel simultaneously when provided to defense counsel.

18
19

Dated:

ADAMS & CORZINE

20

By ____________________________
MICHAEL K. PAZDERNIK
Attorney for Defendant KEVIN J. CASSIDY

21
22
23

Dated:

LAW OFFICE OF BRUCE S. OSTERMAN

24
25
26

By ____________________________
DAVID EDWARD MAY
Attorney for Plaintiff COLLEEN STEWART

27
28
-2STIPULATION AND ORDER FOR PHYSICAL EXAMINATION OF PLAINTIFF
Case No. 2:14-CV-00326-GEB-CKD

1

ORDER

2

It is hereby ordered that the physical examination of plaintiff Colleen Stewart, shall
3

proceed according to the terms of the parties’ stipulation, above.

4
5
6

IT IS SO ORDERED.

7
8
9
10

Dated: September 9, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-3STIPULATION AND ORDER FOR PHYSICAL EXAMINATION OF PLAINTIFF
Case No. 2:14-CV-00326-GEB-CKD