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)

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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: 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: 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)

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