Curry v. United States of America

Filing 17

STIPULATION and ORDER signed by Magistrate Judge Craig M. Kellison on 01/08/18 ORDERING that plaintiff Connie Curry will appear for a physical examination by Leslie Alex Konkin, M.D. on 01/07/18 at 3:15 p.m. (Benson, A.)

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1 McGREGOR W. SCOTT United States Attorney 2 LYNN TRINKA ERNCE Assistant United States Attorney 3 501 I Street Suite 10-100 Sacramento, CA 95814 4 Telephone: (916) 554-2720 Facsimile: (916) 554-2900 5 6 Attorneys for United States of America 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CONNIE CURRY, Plaintiff, 12 13 CASE NO. 2:16-CV-02898 JAM CMK STIPULATION FOR DEFENSE MEDICAL EXAMINATION; ORDER v. 14 UNITED STATES OF AMERICA, 15 Defendant. 16 17 THE PARTIES, THROUGH THEIR RESPECTIVE COUNSEL OF RECORD, STIPULATE 18 AS FOLLOWS: 19 Pursuant to Rule 35 of the Federal Rules of Civil Procedure, plaintiff Connie Curry will appear 20 for a physical examination by: 21 NAME: Leslie Alex Konkin, M.D. 22 ADDRESS: Modesto Orthopedic Group 1501 Oakdale Road, Ste. 301 Modesto, CA 95355 24 DATE OF EXAM: January 17, 2018 25 TIME OF EXAM: 3:15 p.m. 23 26 The physical examination will consist of well-standardized medical tests, including verbal 27 and/or written questions, to be determined by the examiner during the examination. The scope of the 28 examination will be limited to matters at issue in this litigation, including plaintiff’s physical condition STIPULATION FOR DEFENSE MEDICAL EXAMINATION; ORDER 1 both before and after the incident alleged in the complaint. The examining physician may use accepted 2 diagnostic instruments, tests, manipulations and techniques as the examiner determines to be 3 appropriate. The examining physician may ask, and plaintiff shall answer, questions relating to the 4 nature and extent of the injuries alleged to have been sustained in the incident that is the subject matter 5 of this action, including symptoms and conditions from the date of the incident to the present and 6 relevant medical history. 7 Prior to the examination, the examining physician will be provided with copies of plaintiff's 8 complaint, the parties’ Rule 26(a) disclosures and discovery responses, all of the medical records 9 produced to date by plaintiff and by third party medical providers in response to subpoenas, and any 10 available deposition transcripts. 11 No person other than plaintiff, the examining physician, and his staff will be allowed to be 12 present during the examination. Plaintiff may not contact or communicate with her counsel or anyone 13 from her counsel’s office during the examination. The examination will not be audiotaped, videotaped, 14 or recorded, but the examining physician will take notes. 15 DATED: January 3, 2018 McGREGOR W. SCOTT United States Attorney 16 /s/ Lynn Trinka Ernce LYNN TRINKA ERNCE Assistant United States Attorney 17 18 19 DATED: January 3, 2018 MAIRE & DEEDON 20 /s/ Patrick L. Deedon PATRICK L. DEEDON Attorney for Plaintiff 21 22 ORDER 23 24 IT IS SO ORDERED. 25 Dated: January 8, 2018 26 27 28 STIPULATION FOR DEFENSE MEDICAL EXAMINATION; ORDER

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