McCullar v. United States of America et al

Filing 9

STIPULATION and ORDER FOR MEDICAL EXAMINATIONS signed by Magistrate Judge Carolyn K. Delaney on 6/20/2017. (Washington, S)

1 PHILLIP A. TALBERT
United States Attorney
2 VICTORIA L. BOESCH
Assistant United States Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
Facsimile: [phone]
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Attorneys for the United States
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROGER MCCULLAR,

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CASE NO.: 2:16-CV-01174-TLN-CKD
Plaintiff,

STIPULATION AND [PROPOSED]
ORDER FOR MEDICAL
EXAMINATIONS PER FEDERAL RULE
OF CIVIL PROCEDURE 35

v.
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UNITED STATES OF AMERICA,
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Defendant.

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Plaintiff Roger McCullar and Defendant the United States respectfully submit this stipulation

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and proposed order for medical examinations under Federal Rule of Civil Procedure 35, which

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provides that the court may order physical examination of a party whose physical condition is in

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controversy.

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The parties hereby stipulate that Plaintiff will submit to a medical examination by Dr.
Eugene J. Carragee, M.D, on July 19, 2017, at 10:00 a.m. followed by a medical examination by
Dr. D. Michael Hembd, M.D., on July 19, 2017 at 12:30 at 501 I Street in Sacramento,
California, in the Federal Occupational Health Facility, Suite 7-300. The examinations will not
be audiotaped. No staff or attorneys from the offices of Plaintiff’s or Defendant’s counsel will
attend the examinations.

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Dated: June 15, 2017

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PHILLIP A. TALBERT
United States Attorney

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By:

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/s/ Victoria L. Boesch
VICTORIA L. BOESCH
Assistant United States Attorney

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Attorneys for Defendant
United States of America

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SMITH ZITANO LAW LLC

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By:
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/s/ David E. Smith (authorized on 6/15/2017)
DAVID E. SMITH

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Attorneys for Plaintiff
Roger McCullar

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IT IS SO ORDERED.

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17 Dated: June 20, 2017
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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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