Carr v. Federal Bureau of Prisons et al

Filing 105

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/13/2020 ORDERING that plaintiff will submit to a medical examination by Dr. Darin J. Davidson, M.D., on 2/26/2020, at 11:30 a.m. at 1600 116th Avenue, NE, Suite 202, Bellevue, W ashington 98004. No staff or attorneys from the offices of plaintiff or defendant will attend the examinations. The examination will not exceed 2.5 hours. The examination will not include any testing or procedure that is painful, protracted or intru sive. Defendant shall be responsible for the costs and fees associated with the examination. Defendant will provide Plaintiff a copy of the examiner's report setting out the history, examinations, findings, including the results of all tests made, diagnosis, prognoses, and conclusions of the examiner, Dr. Davidson, M.D., without a request needed and within five (5) court days of Defendant's receipt of the same. (Zignago, K.)

1 Charles Tony Piccuta (SBN 258333)
Charles Albert Piccuta (SBN 56010)
2 PICCUTA LAW GROUP, LLP
400 West Franklin Street
3 Monterey, CA 93940
Telephone: [phone]
4 Facsimile: [phone]
[e-mail]
5 [e-mail]
6 Attorneys for Plaintiff Leroy Carr
7 McGREGOR W. SCOTT
United States Attorney
8 PHILIP A. SCARBOROUGH (SBN 254934)
Assistant United States Attorney
9 501 I Street, Suite 10-100
Sacramento, CA 95814
10 Telephone: [phone]
Facsimile: [phone]
11 [e-mail]
12 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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LEROY CARR,

CASE NO. 2:14-CV-2110-JAM CKD (PC)
Plaintiff,

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v.

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STIPULATION AND [PROPOSED] ORDER FOR
MEDICAL EXAMINATION UNDER FEDERAL
RULE OF CIVIL PROCEDURE 35

FEDERAL BUREAU OF PRISONS, et al.,
Defendants.

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Plaintiff Leroy Carr and defendant the United States respectfully submit this stipulation and

23 proposed order for a medical examination under Federal Rule of Civil Procedure 35, which provides that
24 the Court may order physical examination of a party whose physical condition is in controversy.
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The parties hereby agree that plaintiff will submit to a medical examination by Dr. Darin J.

26 Davidson, M.D., on February 26, 2020, at 11:30 a.m. at 1600 116th Avenue, NE, Suite 202, Bellevue,
27 Washington 98004. The parties further stipulate as follows:
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1.

No staff or attorneys from the offices of plaintiff or defendant will attend the

STIPULATION AND [PROPOSED] ORDER FOR
MEDICAL EXAMINATION

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1 examinations.
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2.

The examination will not exceed 2.5 hours.

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3.

The examination will not include any testing or procedure that is painful, protracted or

4 intrusive.
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4.

Defendant shall be responsible for the costs and fees associated with the examination.

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5.

Defendant will provide Plaintiff a copy of the examiner’s report setting out the history,

7 examinations, findings, including the results of all tests made, diagnosis, prognoses, and conclusions of
8 the examiner, Dr. Davidson, M.D., without a request needed and within five (5) court days of
9 Defendant’s receipt of the same.
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11 IT IS SO STIPULATED.
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Dated: February 12, 2020

PICCUTA LAW GROUP, LLP

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/s/ Charles Tony Piccuta (as
authorized on February 12,
By: 2020)
CHARLES TONY PICCUTA
Attorneys for Plaintiff

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Dated: February 12, 2020

McGREGOR W. SCOTT
United States Attorney

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By: /s/ Philip A. Scarborough
PHILIP A. SCARBOROUGH
Assistant United States Attorney
Attorneys for the United States

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IT IS SO ORDERED.
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Dated: February 13, 2020
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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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13:carr2110.stip

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STIPULATION AND [PROPOSED] ORDER FOR
MEDICAL EXAMINATION

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