Meza v. State of California et al.

Filing 22

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/22/17 ORDERING that Plaintiff Elizabeth Meza will submit to a medical/psychiatric examination, pursuant to Federal Rule of Civil Procedure 35 on 3/31/2017. (Kastilahn, A)

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1 2 3 4 JESMIN ALAM, State Bar No. 201069 Law Offices of Jesmin Alam 10940 Trinity Parkway, Suite C-295 Stockton, CA 95219 Telephone: (209) 401-8895 E-mail: Attorney for Plaintiff, Elizabeth Meza 5 6 7 8 9 10 11 12 XAVIER BECERRA, State Bar No. 118517 Attorney General of California SUSAN E. SLAGER, State Bar No. 162942 Supervising Deputy Attorney General TED LINDSTROM, State Bar No. 243664 Deputy Attorney General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: (916) 445-2520 Fax: (916) 324-5567 E-mail: Attorneys for Defendants Department of General Services 13 14 IN THE UNITED STATES DISTRICT COURT 15 FOR THE EASTERN DISTRICT OF CALIFORNIA 16 17 ELIZABETH MEZA, 2:16-CV-00077-MCE-CKD 18 Plaintiff, STIPULATION AND ORDER FOR MEDICAL EXAMINATION 19 v. 20 21 22 23 Date: STATE OF CALIFORNIA; DEPARTMENT OF GENERAL SERVICES, March 20, 2017 Action Filed: November 25, 2015 Defendants. 24 25 26 27 28 WHEREAS, Plaintiff Elizabeth Meza has testified, under oath, at her deposition, that she was sexually harassed by a coworker; and WHEREAS, she has also testified that she has experienced extreme and ongoing emotional distress as a result of the sexual harassment; and 1 STIPULATION AND ORDER REGARDING MEDICAL EXAMINATION (2:16-CV-00077-MCE-CKD) 1 2 3 WHEREAS, Defendant wishes to proceed with a medical examination of Plaintiff in order to evaluate her claim for emotional distress; NOW THEREFORE, THE PARTIES AGREE AND STIPULATE AS FOLLOWS: 4 Plaintiff Elizabeth Meza will submit to a medical/psychiatric examination, pursuant to 5 6 Federal Rule of Civil Procedure 35, as follows: 7 Date: March 31, 2017 8 Time: 9:30 am 9 Location: MOA Deposition Reporters 1760 Creekside Oaks Drive, Suite 175 Sacramento, CA 95833 Examining Physician: Matthew F. Carroll, MD (CV attached as Exhibit A) Manner of Examination: Dr. Carroll will interview Plaintiff Meza about her 10 11 12 13 14 employment situation, her allegations against the defendant, her medical, financial, legal, 15 educational, family, marital, and developmental background, her habits, her vocational history, 16 and other relevant areas of her life. After the interview, he will administer the Minnesota 17 Multiphasic Personality Inventory test. The total length of the examination will last 18 approximately four to five hours, depending on various factors, including Plaintiff’s cooperation. 19 The only persons permitted in the examination session will be Dr. Carroll and Plaintiff; no one 20 21 else will be allowed to attend or be present. Dr. Carroll will tape record the examination session, 22 but will not provide a copy of the recording to Plaintiff. However, Plaintiff is welcomed to bring 23 her own recording device and record the session for herself. Plaintiff will not be video-recorded. 24 25 26 Report: Dr. Carroll will be designated as an expert witness and will prepare a report of his findings and conclusions which meet the requirements of Federal Rules of Civil Procedure 26(a)(2)(B), 35, and any other applicable rule. Upon receiving the report from Dr. Carroll, 27 Defendant will deliver a copy of the report along with any additional reports regarding the 28 2 STIPULATION AND ORDER REGARDING MEDICAL EXAMINATION (2:16-CV-00077-MCE-CKD) 1 findings of any psychological testing, to Plaintiff's counsel. Defendant will deliver all 2 supplemental reports to Plaintiff's counsel as they become available. Plaintiff shall have the right 3 to depose Dr. Carroll, if she deems it necessary. 4 Dated: March 20, 2017 Respectfully submitted, 5 /s/ Jesmin Alam 6 JESMIN ALAM Attorney for Plaintiff, Elizabeth Meza 7 8 9 10 Dated: March 20, 2017 XAVIER BECERRA Attorney General of California SUSAN E. SLAGER Supervising Deputy Attorney General 11 12 /s/ J. T. Lindstrom 13 TED LINDSTROM Deputy Attorney General Attorneys for Defendant, Department of General Services 14 15 16 SA2016100032 12615150_2.doc 17 18 ORDER 19 20 IT IS SO ORDERED. 21 22 23 24 Dated: March 22, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 25 26 27 28 3 STIPULATION AND ORDER REGARDING MEDICAL EXAMINATION (2:16-CV-00077-MCE-CKD)

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