Patel v. State of California
Filing
40
STIPULATION and ORDER FOR MENTAL EXAMINATION signed by Magistrate Judge Kendall J. Newman on 10/10/17. (Mena-Sanchez, L)
1
2
3
4
5
6
7
8
9
10
11
12
13
RICHARD M. ROGERS, State Bar No. 045843
LAW OFFICE OF RICHARD M. ROGERS
100 Bush Street, #1980
San Francisco, CA 94104
Telephone: (415) 981-9788
Fax: (415) 981-9788
E-mail: RogersRMR@yahoo.com
Attorneys for Plaintiff
Dev Patel
XAVIER BECERRA, State Bar No. 118517
Attorney General of California
JUDITH A. RECCHIO, State Bar No. 163060
Supervising Deputy Attorney General
JERRY J. DESCHLER, State Bar No. 215691
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: (916) 323-3830
Fax: (916) 324-5567
E-mail: Jerry.Deschler@doj.ca.gov
Attorneys for Defendants
California Department of Public Health and
Department of Toxic Substances Control
14
IN THE UNITED STATES DISTRICT COURT
15
FOR THE EASTERN DISTRICT OF CALIFORNIA
16
SACRAMENTO DIVISION
17
18
19
DEV PATEL,
Case No. 2:15-cv-02471-KJN
20
21
Plaintiff, STIPULATION AND ORDER FOR
MENTAL EXAMINATION
v.
22
STATE OF CALIFORNIA,
Judge:
Kendall J. Newman
Action Filed: 11/30/2015
23
Defendant.
24
25
WHEREAS, Plaintiff Dev Patel (“Plaintiff”) alleges that he was discriminated against,
26
harassed, and retaliated against by his current and former employers, California Department of
27
Public Health (“CDPH”) and Department of Toxic Substance Control (“DTSC”; CDPH and
28
DTSC referred to collectively as “Defendants”); and
1
Stipulation and Order for Mental Examination (2:15-cv-02471-KJN)
1
2
WHEREAS, Plaintiff testified that he has experienced and is experiencing extreme and
ongoing emotional distress as a result of the conduct alleged; and
3
WHEREAS, in connection with Plaintiff’s workers’ compensation action, Robert T.
4
Levine, M.D., opined, inter alia, that Plaintiff suffers from “Depression and Psychophysiologic
5
Disorders”; and
6
7
WHEREAS, Defendants wish to proceed with a mental examination of Plaintiff in order to
evaluate his claim for emotional distress;
8
NOW THEREFORE, THE PARTIES AGREE AND STIPULATE AS FOLLOWS:
9
Plaintiff will submit to a mental/psychiatric examination, pursuant to Federal Rule of Civil
10
Procedure 35, as follows:
11
Date: November 10, 2017
12
Time: 9:30 a.m.
13
Location: U.S. Legal Support
14
2710 Gateway Oaks Drive, Suite 300S
15
Sacramento, California 95833
16
Examining Physician: Matthew F. Carroll, M.D. (CV attached as Exhibit A)
17
Manner of Examination: Dr. Carroll will interview Plaintiff about his psychological
18
state/condition, including but not limited to, questioning Plaintiff about his employment situation,
19
his allegations against CDPH and DTSC, his medical, financial, legal, educational, family, and
20
developmental background, his habits, his vocational history, and other relevant areas of his life.
21
After the interview, Dr. Carroll will administer the Minnesota Multiphasic Personality Inventory
22
test. The total length of the examination will last approximately four to five hours, depending on
23
various factors, including Plaintiff’s cooperation. The only persons permitted in the examination
24
session will be Dr. Carroll and Plaintiff; no one else will be allowed to attend or be present. Dr.
25
Carroll will tape record the examination session, but will not provide a copy of the recording to
26
Plaintiff. However, Plaintiff is welcomed to bring his own recording device and record the
27
session for himself. Plaintiff will not be video-recorded.
28
///
2
Stipulation and Order for Mental Examination (2:15-cv-02471-KJN)
1
Report: Dr. Carroll will be designated as an expert witness and will prepare a report of his
2
findings and conclusions that meet the requirements of Federal Rules of Civil Procedure
3
26(a)(2)(B), 35, and any other applicable rule. Upon receiving the report from Dr. Carroll,
4
Defendants will deliver a copy of the report along with any additional reports regarding the
5
findings of any psychological testing to Plaintiff's counsel. Defendants will deliver all
6
supplemental reports to Plaintiff’s counsel as they become available. Plaintiff shall have the right
7
to depose Dr. Carroll if he deems it necessary.
8
IT IS SO STIPULATED.
9
Dated: October 5, 2017
Respectfully submitted,
10
/s/ Richard M. Rogers
LAW OFFICE OF RICHARD M. ROGERS
RICHARD M. ROGERS
Attorneys for Plaintiff Dev Patel
11
12
13
Dated: October 5, 2017
Respectfully submitted,
14
XAVIER BECERRA
Attorney General of California
JUDITH A. RECCHIO
Supervising Deputy Attorney General
15
16
/s/ Jerry J. Deschler
JERRY J. DESCHLER
Deputy Attorney General
Attorneys for Defendants
California Department of Public Health and
Department of Toxic Substances Control
17
18
19
20
21
22
23
ORDER
IT IS SO ORDERED
Dated: October 10, 2017
24
25
26
27
28
3
Stipulation and Order for Mental Examination (2:15-cv-02471-KJN)
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?