Valerio v. Compass Bank

Filing 47

STIPULATION AND ORDER signed by District Judge John A. Mendez on 2/3/2016 ORDERING Plaintiff Gloria Valerio to complete her deposition by 4/1/2016; ORDERING Plaintiff Gloria Valerio to attend and complete her independent medical examination with Dr. Scott on 3/2/2016; CAUTIONING all parties that any violation of this Stipulation and/or Order shall subject the offending party to appropriate sanctions, as determined by the Court. (Michel, G.)

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GAVRILOV & BROOKS
J. EDWARD BROOKS (SBN 247767)
CECILIA L. MARTIN (SBN 301027)
2315 Capitol Avenue
Sacramento, California 95816
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff
GLORIA VALERIO
JACKSON LEWIS P.C.
CAROLYN G. BURNETTE (SBN 191294)
DOUGLAS M. EGBERT (SBN 265062)
801 K Street, Suite 2300
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendant
COMPASS BANK

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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JOINT STIPULATION AND ORDER
REGARDING COMPLETION OF
PLAINTIFF’S DEPOSITION AND
INDEPENDENT MEDICAL
EXAMINATION

Plaintiff,

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Case 2:14-CV-00741-JAM-KJN

GLORIA VALERIO,

v.
COMPASS BANK; and DOES 1-50,
inclusive,

Complaint Filed:
Trial Date:

Defendants.

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01/31/14
04/24/17

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JOINT STIPULATION AND [PROPOSED] ORDER RE COMPLETION OF PLAINTIFF’S DEPOSITION AND
INDEPENDENT MEDICAL EXAMINATION

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I.

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STIPULATION REGARDING PLAINTIFF’S DEPOSITION

GLORIA VALERIO (“Plaintiff”) and COMPASS BANK (“Defendant”) (collectively,
“the Parties”), by and through their undersigned counsel, hereby stipulate and agree as follows:

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WHEREAS, counsel for the Parties began cooperatively conferring on scheduling

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Plaintiff’s deposition at the outset of this case, and agreed that, given the allegations and claims at

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issue, Defendant could go beyond the seven hour limit set forth in the Federal Rules of Civil

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Procedure;

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WHEREAS, Defendant noticed Plaintiff’s deposition for December 2 and 3, 2014;

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WHEREAS, just prior to her deposition, Plaintiff’s prior counsel notified Defendant that

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Plaintiff needed several accommodations for medical issues, which postponed the deposition;

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WHEREAS, Plaintiff’s prior counsel later recanted that Plaintiff needed medical
accommodations to be deposed;

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WHEREAS, due to Plaintiff’s prior counsel’s trial schedule and other scheduling

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conflicts, the Parties were not able to schedule Plaintiff’s deposition until February 3, 2015;

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WHEREAS, Defendant conducted Plaintiff’s deposition on February 3 and 4, 2015;

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WHEREAS, due to multiple extended breaks by Plaintiff, her need for an interpreter and

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other factors, Plaintiff did not complete her deposition;

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WHEREAS, the break time for the two days of deposition totaled about four hours and
forty-three minutes;

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WHEREAS, because of Plaintiff’s frequent breaks and the slowed pace for interpretation,

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Defendant was only able to obtain 148 pages of deposition testimony on day one and 114 pages

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on day two – less than half the total number of pages defense counsel is typically able to obtain in

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a single day of deposition;

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WHEREAS, Plaintiff’s prior counsel adjourned the deposition on February 4, 2015
because counsel had another appointment;

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WHEREAS, Plaintiff stipulated that because of the extent of the delays during her

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deposition and the issues with interpretation, her deposition would continue until completed;

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JOINT STIPULATION AND [PROPOSED] ORDER RE COMPLETION OF PLAINTIFF’S DEPOSITION AND
INDEPENDENT MEDICAL EXAMINATION

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WHEREAS, Plaintiff represented that she was not available to complete her deposition in

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February 2015;

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WHEREAS, Defendant made good faith efforts to schedule Plaintiff’s deposition in early
March 2015;

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WHEREAS, Plaintiff’s prior counsel informed defense counsel that Plaintiff was
medically unable to complete her deposition;

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WHEREAS, Defendant requested to Plaintiff’s prior counsel that Plaintiff provide a

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medical note clarifying whether she could appear to complete her deposition and, if she could not,

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to provide an estimated date on which her condition was expected to improve such that she would

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be medically able to testify;

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WHEREAS, the Parties rescheduled Plaintiff’s deposition several times thereafter, but
Plaintiff’s prior counsel repeatedly cancelled on behalf of Plaintiff;

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WHEREAS, Plaintiff’s prior counsel never produced any clarifying medical note
indicating Plaintiff could not complete her deposition;

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WHEREAS, Plaintiff’s prior counsel was granted leave to withdraw from representing
Plaintiff on or about September 2, 2015;

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WHEREAS, the Court stayed all activity in the case from September 2, 2015 until
October 31, 2015 to allow Plaintiff time to engage new counsel;

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WHEREAS, once the stay was lifted, Defendant attempted to meet and confer with
Plaintiff directly regarding completion of her deposition;

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WHEREAS, Plaintiff obtained new counsel on or about December 4, 2015;

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WHEREAS, Plaintiff’s new counsel has assured defense counsel that Plaintiff understands

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she must complete her deposition and that she will do so;

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WHEREAS, to date, Plaintiff has not completed her deposition;

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IT IS HEREBY STIPULATED AND AGREED BY THE PARTIES HERETO,

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THROUGH THEIR RESPECTIVE COUNSEL, THAT PLAINTIFF SHALL COMPLETE

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HER DEPOSITION IN ITS ENTIRETY BY APRIL 1, 2016. THE PARTIES FURTHER

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JOINT STIPULATION AND [PROPOSED] ORDER RE COMPLETION OF PLAINTIFF’S DEPOSITION AND
INDEPENDENT MEDICAL EXAMINATION

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AGREE THAT THIS STIPULATION SHALL BE IN EFFECT WHETHER OR NOT THE

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COURT SIGNS THE [PROPOSED] ORDER BELOW.

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II.

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STIPULATION REGARDING PLAINTIFF’S INDEPENDENT MEDICAL EXAM
Plaintiff and Defendant, by and through their undersigned counsel, hereby stipulate and

agree as follows:

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WHEREAS, in late February 2015, defense counsel informed Plaintiff’s counsel that the

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nature and severity of Plaintiff’s allegations regarding her psychiatric condition and the related

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damages she is seeking required that Plaintiff submit to an independent medical examination

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(“IME”);

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WHEREAS, Plaintiff’s allegations include that Defendant purportedly caused her to
become suicidal, and to have an “involuntary 5150 hold” placed on her;

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WHEREAS, the primary purpose of the IME was to obtain an expert opinion on the

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nature and extent of Plaintiff’s damages, as well as causation (i.e., an opinion on whether some or

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all of Plaintiff’s alleged emotional distress damages were caused by Defendant, or by other

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factors unrelated to Defendant);

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WHEREAS, Plaintiff’s prior counsel agreed that an IME was reasonable given Plaintiff’s
allegations;

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WHEREAS, on or about March 5, 2015, Plaintiff’s prior counsel notified defense counsel

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that Plaintiff had agreed to the IME, and represented that Defendant would not be required to file

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a noticed motion to compel the IME;

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WHEREAS, the Parties entered a Stipulation Re: Plaintiff’s Mental Examination [FRCP

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35] on March 11, 2015, by which Plaintiff agreed to submit to an examination by Charles Scott,

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M.D. on April 21, 2015;

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WHEREAS, Plaintiff arrived late for her mental examination on April 21, 2015, and
Dr. Scott was unable to complete Plaintiff’s mental examination given her mental state;

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WHEREAS, Plaintiff’s prior counsel was granted leave to withdraw from representing

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Plaintiff on or about September 2, 2015;

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JOINT STIPULATION AND [PROPOSED] ORDER RE COMPLETION OF PLAINTIFF’S DEPOSITION AND
INDEPENDENT MEDICAL EXAMINATION

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WHEREAS, the Court stayed all activity in the case from September 2, 2015 until
October 31, 2015 to allow Plaintiff time to engage new counsel;
WHEREAS, once the stay was lifted, Defendant attempted to meet and confer with
Plaintiff directly regarding completion of her IME;

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WHEREAS, Plaintiff obtained new representation on or about December 4, 2015;

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WHEREAS, Plaintiff has not completed her IME to date;

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WHEREAS, Dr. Scott’s next availability for an IME is March 2, 2016, and, if the IME is

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not completed on that date, the IME will have to be continued several months thereafter given

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Dr. Scott’s extremely busy schedule;

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WHEREAS, Plaintiff’s new counsel has assured defense counsel that Plaintiff understands
she must complete her IME and will do so on March 2, 2016;
IT IS HEREBY STIPULATED AND AGREED BY THE PARTIES HERETO,

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THROUGH THEIR RESPECTIVE COUNSEL, THAT PLAINTIFF SHALL ATTEND

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AND COMPLETE HER INDEPENDENT MEDICAL EXAMINATION WITH

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DR. SCOTT ON MARCH 2, 2016. THE PARTIES FURTHER AGREE THAT THIS

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STIPULATION SHALL BE IN EFFECT WHETHER OR NOT THE COURT SIGNS THE

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[PROPOSED] ORDER BELOW.
GAVRILOV & BROOKS

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Dated: February 3, 2016

By /s/ J. Edward Brooks (as authorized on 2/2/16)
J. Edward Brooks
Cecilia L. Martin

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Attorneys for Plaintiff
GLORIA VALERIO

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JACKSON LEWIS P.C.

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By /s/ Carolyn G. Burnette
Carolyn G. Burnette
Douglas M. Egbert

Dated: February 3, 2016

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Attorneys for Defendant
COMPASS BANK

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JOINT STIPULATION AND [PROPOSED] ORDER RE COMPLETION OF PLAINTIFF’S DEPOSITION AND
INDEPENDENT MEDICAL EXAMINATION

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ORDER
Based upon the foregoing stipulation of the Parties, and good cause appearing therefor,
IT IS SO ORDERED:
1. Plaintiff Gloria Valerio shall complete her deposition in this matter by April 1,

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2016;
2. Plaintiff Gloria Valerio shall attend and complete her independent medical

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examination with Dr. Scott on March 2, 2016;
3. Any violation of the Parties’ Stipulation and/or this Order shall subject the

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offending party to appropriate sanctions, as determined by the Court.

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Dated: 2/3/2016

/s/ John A. Mendez___________________
HON. JOHN A. MENDEZ
JUDGE OF THE U.S. DISTRICT COURT

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4817-8624-6956, v. 2

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JOINT STIPULATION AND [PROPOSED] ORDER RE COMPLETION OF PLAINTIFF’S DEPOSITION AND
INDEPENDENT MEDICAL EXAMINATION