Shettlesworth v. Wal-Mart Stores, Inc. et al
Filing
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STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 12/4/2017 GRANTING the mental examination of plaintiff. (Becknal, R)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MARY SHETTLESWORTH,
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Plaintiff,
v.
ORDER GRANTING JOINT
STIPULATION FOR MENTAL
EXAMINATION OF PLAINTIFF
PURSUANT TO F.R.C.P. RULE 35
WAL-MART STORES, INC., and
DOES 1-200, inclusive,
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Defendants.
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Case No. 2:16-cv-02893-MCE-EFB
IT IS HEREBY ORDERED that the joint stipulation submitted by counsel
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for the mental examination of Plaintiff to be conducted by Dr. James Rosenberg,
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M.D., at a date and time to be agreed upon by the parties, at a location to be
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determined at or near Vacaville, California is GRANTED under the following
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agreed upon conditions:
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A.
The nature, scope, conditions and manner of the examination are to be
as follows:
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Plaintiff will submit to a mental examination to be conducted by Dr.
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James Rosenberg, to evaluate the nature and extent of Plaintiff’s claims of mental
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and emotional distress, as set forth in the operative Complaint and of which
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Plaintiff intends to introduce at trial through the testimony of her therapist Candace
BURKE, WILLIAM S &
S O R E N S E N , LLP
ATTORNEYS AT LAW
LOS ANGELES
-1-
CASE NO.: 2:16CV-02893-MCE-EFB
ORDER
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Teska;
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Dr. Rosenberg is a physician licensed to practice medicine in the State
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of California. Dr. Rosenberg received his medical degree from the UCLA School
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of Medicine, and completed a transitional internship, a residency in psychiatry at
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the UCLA Neuropsychiatric Institute, and a fellowship in forensic psychiatry at
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Case Western Reserve University School of Medicine in Cleveland, OH. Dr.
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Rosenberg is board-certified in psychiatry by the American Board of Psychiatry &
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Neurology, Inc. In addition to his extensive teaching and patient-care experience,
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he has conducted over 1,000 medico-legal evaluations. A complete copy of Dr.
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Rosenberg’s curriculum vitae is attached as Exhibit A to the parties’ Stipulation.
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3.
Dr. Rosenberg will conduct a psychiatric examination of Plaintiff to
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assist Defendant Wal-Mart Stores, Inc. and its counsel with regard to understanding
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Plaintiff’s alleged complaints of psychiatric injury and its sequelae, including the
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origin, nature, and severity of Plaintiff’s alleged mental health injuries, and in turn,
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prognosis and future treatment needs, if applicable.
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4.
The psychiatric examination will span approximately five to six hours,
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excluding breaks. It will consist of a detailed interview, mental status examination,
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and appropriate, generally accepted standardized psychological testing and
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screening cognitive assessment; specifically MMPI-2-RF, Personality Assessment
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Inventory (PAI), Trauma Symptom Inventory – 2 (TSI-2), and Mini Mental State
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Examination – 2 (MMSE-2). Attached as Exhibit B to the Stipulation is a complete
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description of Dr. Rosenberg’s standard psychiatric evaluation.
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5.
Dr. Rosenberg will audio record the entire psychiatric evaluation.
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Plaintiff may also audio record the examination, but no one else may be present in
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the room during the evaluation. The examination shall not be videotaped.
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6.
The psychiatric evaluation will not involve any physical examination.
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There will be no blood tests or other intrusive medical studies or procedures. The
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examination will be conducted at a location at or near Vacaville, California.
BURKE, WILLIAM S &
S O R E N S E N , LLP
ATTORNEYS AT LAW
LOS ANGELES
-2-
CASE NO.: 2:16CV-02893-MCE-EFB
ORDER
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7.
A copy of the Stipulation will be given to Dr. Rosenberg prior to the
examination.
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Dr. Rosenberg may be provided with Plaintiff’s medical records,
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personnel file, leave of absence file, deposition testimony, discovery responses,
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Complaint, and mental health records by defense counsel, which he may review
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prior and/or subsequent to examination of Plaintiff.
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9.
After the examination of Plaintiff, Dr. Rosenberg will prepare a
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written report of his findings in conformance with F.R.C.P. Rule 35. A copy of
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said report will be provided to Plaintiff’s counsel within five days of completion.
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10.
The results of the psychological testing will be kept confidential and
used for purposes of this litigation only.
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Defendant Wal-Mart Stores, Inc. reserves the right to move for an
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order permitting a further physical examination of Plaintiff, which may include any
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issues and testing outside the scope of this stipulation.
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IT IS SO ORDERED.
Dated: December 4, 2017
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BURKE, WILLIAM S &
S O R E N S E N , LLP
ATTORNEYS AT LAW
LOS ANGELES
-3-
CASE NO.: 2:16CV-02893-MCE-EFB
ORDER
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