Williams v. State of California Employment Development Department

Filing 22

STIPULATION and ORDER for MENTAL EXAMINATION signed by Magistrate Judge Carolyn K. Delaney on 07/18/17 ORDERING that Plaintiff Patricia Williams will submit to a mental/psychiatric examination as follows: Date: July 28, 2017; Time: 9:30 a.m. Location: MOA Deposition Reporters; 1760 Creekside Oaks Drive #175, Sacramento, CA 95833; Examining Physician: Matthew F. Carroll, MD. (Benson, A)

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XAVIER BECERRA, State Bar No. 118517
Attorney General of California
PETER D. HALLORAN, State Bar No. 184025
Supervising Deputy Attorney General
LAUREN E. SIBLE, State Bar No. 273641
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 Defendant California
Employment Development Department

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RICHARD M. ROGERS, #045843
LAW OFFICE OF RICHARD M. ROGERS
100 Bush Street, #1980
San Francisco, CA 94104
Telephone:
415/981-9788
Facsimile:
415/981-9798
Email:
[e-mail]

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Attorneys for Plaintiff
PATRICIA A. WILLIAMS

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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PATRICIA A. WILLIAMS,

2:16-CV-01135-WBS-CKD

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Plaintiff, STIPULATION AND ORDER FOR
MENTAL EXAMINATION
v.
Judge:

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STATE OF CALIFORNIA
EMPLOYMENT DEVELOPMENT
DEPARTMENT,

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Defendant.
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The Honorable William B.
Shubb
Trial Date:
April 17, 2018
Action Filed: May 25, 2016

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WHEREAS, Plaintiff Patricia A. Williams has testified, under oath, at her

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deposition, that she was harassed, discriminated against and retaliated against on the basis of her

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race and/or disability; and

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WHEREAS, she has also testified that she has experienced and is experiencing
extreme and ongoing emotional distress as a result of the conduct alleged; and
WHEREAS, Defendant wishes to proceed with a mental examination of Plaintiff in
order to evaluate her claim for emotional distress;
NOW THEREFORE, THE PARTIES AGREE AND STIPULATE AS
FOLLOWS:
Plaintiff Patricia Williams will submit to a mental/psychiatric examination, pursuant
to Federal Rule of Civil Procedure 35, as follows:

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Date:

July 28, 2017

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Time:

9:30 a.m.

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Location:

MOA Deposition Reporters

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1760 Creekside Oaks Drive #175,

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Sacramento, CA 95833

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Examining Physician:

Matthew F. Carroll, MD (CV attached as Exhibit A)

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Manner of Examination:

Dr. Carroll will interview Plaintiff Patricia A. Williams

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about her psychological state/condition, including but not limited to, questioning plaintiff about

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her employment situation, her allegations against the defendant, her medical, financial, legal,

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educational, family, and developmental background, her habits, her vocational history, and other

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relevant areas of her life. After the interview, he will administer the Minnesota Multiphasic

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Personality Inventory test. The total length of the examination will last approximately four to

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five hours, depending on various factors, including Plaintiff’s cooperation. The only persons

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permitted in the examination session will be Dr. Carroll and Plaintiff; no one else will be allowed

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to attend or be present. Dr. Carroll will tape record the examination session, but will not provide

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a copy of the recording to Plaintiff. However, Plaintiff is welcomed to bring her own recording

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device and record the session for herself. Plaintiff will not be video-recorded.

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Report:

Dr. Carroll will be designated as an expert witness and will prepare a

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report of his findings and conclusions which meet the requirements of Federal Rules of Civil

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Procedure 26(a)(2)(B), 35, and any other applicable rule. Upon receiving the report from Dr.

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Carroll, Defendant will deliver a copy of the report along with any additional reports regarding

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the findings of any psychological testing, to Plaintiff's counsel. Defendant will deliver all

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supplemental reports to Plaintiff's counsel as they become available. Plaintiff shall have the right

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to depose Dr. Carroll, if she deems it necessary.

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Dated: July __, 2017

Respectfully submitted,
LAW OFFICE OF RICHARD M. ROGERS

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RICHARD M. ROGERS
Attorney for Plaintiff Patricia A. Williams

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Dated: July __, 2017

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XAVIER BECERRA
Attorney General of California
PETER D. HALLORAN Supervising Deputy
Attorney General

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LAUREN E. SIBLE
Deputy Attorney General
Attorneys for Defendant, California
Employment Development Department

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ORDER
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IT IS SO ORDERED.
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Dated: July 18, 2017
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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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EXHIBIT A

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CURRICULUM VITAE

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MATTHEW F. CARROLL, M.D.
ADULT AND FORENSIC PSYCHIATRY

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501 West Broadway Suite 1340
San Diego, CA 92101
[phone]
fax [phone]
e-mail: [e-mail]

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AREAS OF
EXPERTISE:

Fellowship trained and Board Certified Forensic
Psychiatrist. Specializing in civil and criminal
cases involving psychiatric issues. Thousands of
evaluations performed, extensive courtroom experience,
valuable clinical expertise.

SERVICES:

Independent Medical Evaluations (IME) ● Disability ● Fitness for
duty ● Psychiatric malpractice ● Peer review ● Emotional distress
● Personal injury ● Post traumatic stress disorder ● Testamentary
capacity ● Malingering ● Competency ● Insanity ● Pre-sentencing
evaluations ● Death penalty ● Military ● Qualified Medical
Examiner (QME) ● Workman’s Compensation ● Emergency
Psychiatry ● Conservatorship evaluations

EDUCATION:

Cornell University
Ithaca, New York
B.S. (Honors), Biology, June 1984

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George Washington University School of Medicine
Washington, D.C.
M.D., May 1989

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CLINICAL
TRAINING:

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Internship
Psychiatry
Naval Medical Center San Diego
July 1989 - June 1990
Residency
Psychiatry
Naval Medical Center San Diego
July 1993 - July 1997

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Fellowship
Forensic Psychiatry
Case Western Reserve University
July 1998 - June 1999

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EMPLOYMENT:

Forensic Psychiatrist

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Private Practice
January 2002 to present

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San Diego County Forensic Evaluation Unit
Forensic Psychiatrist
June 2000 to present

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Department of Veterans Affairs
San Diego Compensation and Pension Clinic
Psychiatric evaluations, Post-traumatic stress disorder
evaluations (PTSD)
January 2002 to 2013

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San Diego County Psychiatric Hospital
Emergency Psychiatric Unit
Staff Psychiatrist
July 1999 to present

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Naval Medical Center San Diego
Forensic Psychiatrist
Staff Psychiatrist
July 1999 - January 2002

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Naval Consolidated Brig
Miramar, San Diego
Consulting Psychiatrist
Sex Offender Treatment Program
July 1999 - July 2001

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Naval Hospital Bremerton
Inpatient Medical Director
Medical Director Alcohol Rehabilitation
Center
Staff Psychiatrist
August 1996 - June 1998

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Naval Alcohol Rehabilitation Center
Pearl Harbor, Hawaii
Medical Director
July 1990 - July 1993

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MILITARY
SERVICE:

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Armed Forces Health Professions Scholarship
1984 - 1989
United States Navy, active duty
May 1989 - January 2002

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American Board of Psychiatry and Neurology
Board certified in Psychiatry

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American Board of Psychiatry and Neurology
Forensic Psychiatry subspecialty certified

CERTIFICATIONS:

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Qualified Medical Evaluator (QME)
State of California

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Medical Board of California
Expert Reviewer

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California medical license (active)

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UNIVERSITY
AFFILIATIONS:

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Assistant Clinical Professor, University of
California, San Diego (UCSD) School of Medicine
Department of Psychiatry
July 2000 to present

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University of San Diego, School of Law
Adjunct Professor
August 2002 – August 2009

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TEACHING AND
PUBLICATIONS:

Preceptor
UCSD Psychiatry residents and medical students
Naval Medical Center Psychiatry residents
Forensic Evaluation Unit

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Lecturer
UCSD Forensic Psychiatry Course
Guest Lecturer
UCSD Psychiatry Department and UCSD School of
Medicine
Guest Lecturer
USD School of Law
Law and Mental Health Course 2002-2009

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North City Prevention Coalition- Medical Marijuana- January 9,
2014
American Academy of Psychiatry and the Law- International
Relations Committee site visit, cultural issues, death penalty, right
to die, PTSD and Traumatic Brain Injury October 23, 2013
Lecture on Posttraumatic Stress Disorder/ Traumatic Brain injury
Bonnie R. Moss & Associates April 11, 2012

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Lecture on Posttraumatic Stress Disorder
County of Riverside Public Defenders Office- July 9, 2010

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Lecture on Mental Competency
San Diego Psych-Law Society – May 28, 2010

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Lecture on Substance Abuse for Attorneys
Bonnie R. Moss & Associates – March 3, 2010

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Forensic Aspects of Posttraumatic Stress Disorder
American College of Forensic Psychiatry – March 19, 2009

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Lecture on Alcohol and Drug Abuse
Law Firm of Latham and Watkins (2006-2009)

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Presentation on Suicide: Practical patient safety for the doctor from
risk assessment to risk reduction
American Psychiatric Association – May 24, 2007

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American Psychiatric Association – May 24, 2007
Moderator- Medical Board of California Medical Expert Witness
Training

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Lecture on Right to Refuse Treatment
Mental Health Department, San Diego County (2006)

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Lecture on Psychiatric Malpractice
Kaiser Permanente Medical Staff (2004)

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Lecture on Legal Aspects of Psychiatry
U.S. Attorneys, San Diego Office (2004)
Lecture on Posttraumatic Stress Disorder
Mental Health Department, San Diego County (2004)

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Lecture on Alcohol Induced Blackouts
Office of the District Attorney, San Diego (2003)

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●Additional lectures available on request●

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Carroll MF: Deception in Military Psychiatry. American
Journal of Forensic Psychiatry 2002; 22:1:53-62.

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Carroll MF: Malingering in the Military. Psychiatric
Annals 2003;33:11:732-736.

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PROFESSIONAL
AFFILIATIONS:

Fellow of the American Psychiatric Association (FAPA)
American Academy of Psychiatry and the Law

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San Diego Psychiatric Society
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American College of Forensic Psychiatry
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San Diego Psych-Law Society
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