Shettlesworth v. Wal-Mart Stores, Inc. et al

Filing 10

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 12/4/2017 GRANTING the mental examination of plaintiff. (Becknal, R)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARY SHETTLESWORTH, 12 13 14 15 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, 16 Defendants. 17 18 Case No. 2:16-cv-02893-MCE-EFB IT IS HEREBY ORDERED that the joint stipulation submitted by counsel 19 for the mental examination of Plaintiff to be conducted by Dr. James Rosenberg, 20 M.D., at a date and time to be agreed upon by the parties, at a location to be 21 determined at or near Vacaville, California is GRANTED under the following 22 agreed upon conditions: 23 24 25 A. The nature, scope, conditions and manner of the examination are to be as follows: 1. Plaintiff will submit to a mental examination to be conducted by Dr. 26 James Rosenberg, to evaluate the nature and extent of Plaintiff’s claims of mental 27 and emotional distress, as set forth in the operative Complaint and of which 28 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 1 2 Teska; 2. Dr. Rosenberg is a physician licensed to practice medicine in the State 3 of California. Dr. Rosenberg received his medical degree from the UCLA School 4 of Medicine, and completed a transitional internship, a residency in psychiatry at 5 the UCLA Neuropsychiatric Institute, and a fellowship in forensic psychiatry at 6 Case Western Reserve University School of Medicine in Cleveland, OH. Dr. 7 Rosenberg is board-certified in psychiatry by the American Board of Psychiatry & 8 Neurology, Inc. In addition to his extensive teaching and patient-care experience, 9 he has conducted over 1,000 medico-legal evaluations. A complete copy of Dr. 10 Rosenberg’s curriculum vitae is attached as Exhibit A to the parties’ Stipulation. 11 3. Dr. Rosenberg will conduct a psychiatric examination of Plaintiff to 12 assist Defendant Wal-Mart Stores, Inc. and its counsel with regard to understanding 13 Plaintiff’s alleged complaints of psychiatric injury and its sequelae, including the 14 origin, nature, and severity of Plaintiff’s alleged mental health injuries, and in turn, 15 prognosis and future treatment needs, if applicable. 16 4. The psychiatric examination will span approximately five to six hours, 17 excluding breaks. It will consist of a detailed interview, mental status examination, 18 and appropriate, generally accepted standardized psychological testing and 19 screening cognitive assessment; specifically MMPI-2-RF, Personality Assessment 20 Inventory (PAI), Trauma Symptom Inventory – 2 (TSI-2), and Mini Mental State 21 Examination – 2 (MMSE-2). Attached as Exhibit B to the Stipulation is a complete 22 description of Dr. Rosenberg’s standard psychiatric evaluation. 23 5. Dr. Rosenberg will audio record the entire psychiatric evaluation. 24 Plaintiff may also audio record the examination, but no one else may be present in 25 the room during the evaluation. The examination shall not be videotaped. 26 6. The psychiatric evaluation will not involve any physical examination. 27 There will be no blood tests or other intrusive medical studies or procedures. The 28 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 1 2 3 7. A copy of the Stipulation will be given to Dr. Rosenberg prior to the examination. 8. Dr. Rosenberg may be provided with Plaintiff’s medical records, 4 personnel file, leave of absence file, deposition testimony, discovery responses, 5 Complaint, and mental health records by defense counsel, which he may review 6 prior and/or subsequent to examination of Plaintiff. 7 9. After the examination of Plaintiff, Dr. Rosenberg will prepare a 8 written report of his findings in conformance with F.R.C.P. Rule 35. A copy of 9 said report will be provided to Plaintiff’s counsel within five days of completion. 10 11 12 10. The results of the psychological testing will be kept confidential and used for purposes of this litigation only. 11. Defendant Wal-Mart Stores, Inc. reserves the right to move for an 13 order permitting a further physical examination of Plaintiff, which may include any 14 issues and testing outside the scope of this stipulation. 15 16 IT IS SO ORDERED. Dated: December 4, 2017 17 18 19 20 21 22 23 24 25 26 27 28 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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?