E.R. v. Sutter Davis Hospital et al

Filing 28

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/22/15. Pursuant to FRCP 35, plaintiff E.R., a minor, by and through his Guardian ad Litem Carolyn Young, will appear for a physical examination by Donald Olson, M.D., on 10/26/2015.(Dillon, M)

1 LOUIS H. DE HAAS, SBN 39579
LA FOLLETTE, JOHNSON,
2 DE HAAS, FESLER & AMES
865 South Figueroa Street, Suite 3200
3 Los Angeles, California 90017-5431
Phone:
[phone]
4 Facsimile: [phone]
5 BARRY VOGEL, STATE BAR NO. 108640
LARRY THORNTON, STATE BAR NO. 232265
6 LA FOLLETTE, JOHNSON,
DE HAAS, FESLER & AMES
7 655 University Avenue, Suite 119
Sacramento, California 95825
8 Phone:
[phone]
Facsimile: [phone]
9
Attorneys for Defendant/Cross-Complainant
10 Sutter Davis Hospital
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THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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E.R., a minor, by and through his Guardian ad Case No.: 2:14-CV-02053-WBS-CKD
14 Litem, CAROLYN YOUNG,
15

Plaintiff,

STIPULATION AND ORDER FOR
DEFENSE MEDICAL EXAMINATION

16 v.
17 SUTTER DAVIS HOSPITAL, SUTTER
WEST WOMEN'S HEALTH, SUSAN
18 MAAYAH, M.D., and DOES 1 to 100,
inclusive,
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Defendants.
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SUTTER DAVIS HOSPITAL,
21
Cross-Complainant,
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v.
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UNITED STATES OF AMERICA,
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Cross-Defendant.
25

Hon. William B. Shubb

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STIPULATION AND [PROPOSED] ORDER FOR DEFENSE MEDICAL EXAMINATION

1

THE PARTIES, THROUGH THEIR RESPECTIVE COUNSEL OF RECORD,

2 STIPULATE AS FOLLOWS:
3

Pursuant to FRCP 35, plaintiff E.R., a minor, by and through his Guardian ad Litem

4 Carolyn Young, will appear for a physical examination by:
5

NAME:

Donald Olson, M.D.

6

ADDRESS:

La Follette, Johnson, De Haas
Fesler & Ames
655 University Avenue, Suite 119
Sacramento, CA 95825

DATE OF EXAM:

Monday, October 26, 2015

TIME OF EXAM:

10:00 a.m.

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The nature, scope, conditions and manner of the examination are to be as follows:

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1.

The examining physician may ask, and plaintiff’s guardian shall answer,

14 questions relating to present symptoms and conditions, and present medical history.
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2.

The examining physician may use accepted diagnostic instruments, tests,

16 manipulations and techniques as may be appropriate upon consent of plaintiff’s guardian, but
17 no procedure causing pain or undue discomfort or endangering plaintiff's life or health shall
18 be used. The examination will be performed on plaintiff's head, neck, shoulders, back, arms,
19 legs and any other areas potentially involved, as may be determined based upon the signs
20 and symptoms of plaintiff.
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3.

Plaintiff will appear at the scheduled time for the defense medical examination,

22 but will not be unduly inconvenienced by the defendant physician’s examination. If the
23 defense examination has not commenced within sixty (60) minutes, plaintiff will consider
24 this protracted delay to be a waiver of defendant’s right to the defense examination and will
25 leave the examiner’s office.
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4.

Plaintiff may be accompanied by his attorney or other legal representative.

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5.

No person other than plaintiff, his representative and the examining physician

28 will be allowed to be present during the examination.
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STIPULATION AND [PROPOSED] ORDER FOR DEFENSE MEDICAL EXAMINATION

1

6.

The examination must be limited to plaintiff’s physical condition that is in

2 controversy in this action.

Those conditions are the physical injuries he sustained on

3 February 3, 2010.
4

7.

Plaintiff will not submit to any x-rays, CT scans, MRI’s or any other

5 radiographic studies.
6

8.

The examination may not include any diagnostic test or procedure that is

7 painful, protracted or intrusive.
8

9.

Plaintiff demands a copy of any discoverable reports, records, reviews,

9 examination charges and writings generated by Dr. Olson in this matter. This request
10 includes a copy of any detailed written report, setting out any history, examination findings,
11 results of all tests conducted, any diagnoses and prognosis of the examiners. A copy of these
12 reports shall be delivered within thirty (30) days after examination, or within 15 day of trial,
13 whichever is earlier.
14

10.

All parties agree that this medical examination will be the only FRCP 35

15 physical examination of plaintiff by the defendants.
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Respectfully submitted,

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18 Dated: October 21, 2015
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LA FOLLETTE, JOHNSON,
DE HAAS, FESLER & AMES
Attorneys for Defendant and Cross-Complainant
SUTTER DAVIS HOSPTIAL

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By:

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/s/
LARRY THORNTON

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24 Dated: October 21, 2015
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RICE & BLOOMFIELD, LLP
Attorneys for Plaintiff
ELICEO REHG,

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By:

/s/
LINDA FERMOYLE RICE

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STIPULATION AND [PROPOSED] ORDER FOR DEFENSE MEDICAL EXAMINATION

1 Dated: October 21, 2015
2
3

SCHUERING ZIMMERMAN & DOYLE
Attorneys for Defendants
SUTTER WEST WOMEN’S HEALTH;
SUSAN K. MAAYAH, M.D.

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By:

5

/s/
KAT TODD

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7 Dated: October 21, 2015
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U.S. ATTORNEY
Attorneys for Defendant
THE UNITED STATES

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By:

/s/
GREG BRODERICK

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13 IT IS SO ORDERED:
14 Dated: October 22, 2015
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16

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND [PROPOSED] ORDER FOR DEFENSE MEDICAL EXAMINATION