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)

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: [phone]
E-mail: [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: [phone]
Fax: [phone]
E-mail: [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)