Varfolomeeva v. United States of America

Filing 18

STIPULATION and ORDER re Rule 35 Physical Examination signed by Magistrate Judge Carolyn K. Delaney on 10/31/17. (Kaminski, H)

1 KIRILL B. TARASENKO
State Bar No. 283986
2 TARASENKO LAW OFFICE
845 University Ave.
3 Sacramento, CA 95825
Telephone:
888-878-0830
4 Facsimile:
916-848-3323
5 Attorney for Plaintiff
ALINA VARFOLOMEEVA
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7 PHILLIP A. TALBERT
United States Attorney
8 JOSEPH B. FRUEH
Assistant United States Attorneys
9 501 I Street, Suite 10-100
Sacramento, CA 95814
10 E-mail:
[e-mail]
Telephone: [phone]
11 Facsimile: [phone]
12 Attorneys for Defendant
UNITED STATES OF AMERICA
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALINA VARFOLOMEEVA,

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Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

Case No. 2:17-cv-00599-CKD
STIPULATION AND PROPOSED ORDER RE:
RULE 35 PHYSICAL EXAMINATION

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IT IS HEREBY STIPULATED, by and between the parties through their undersigned counsel,

2 as follows:
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1.

Plaintiff Alina Varfolomeeva will undergo a physical examination conducted by

4 Dr. James Van den Bogaerde, M.D., at the U.C. Davis Sports Medicine Clinic located at 3301 C Street,
5 Suite 1600, Sacramento, California, Zip Code 95816. The examination will occur on _Nov. 3, 2017_
6 (date), at __ 12 p.m.___ (time). The examination will take approximately one hour to complete.
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2.

Dr. Van den Bogaerde will conduct a standard orthopedic examination to assess the

8 injuries that Plaintiff attributes to the accident on November 19, 2014, to include her knees and spine.
9 The examination will include a detailed medical history.
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3.

Plaintiff shall answer all inquiries made by Dr. Van den Bogaerde so that he can

11 medically evaluate the nature, extent, and cause of Plaintiff’s condition as well as her prognosis.
12 Dr. Van den Bogaerde’s inquiries shall be reasonably calculated to elicit information about the nature,
13 extent, cause, and prognosis of Plaintiff’s injuries.
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4.

Plaintiff will not be required to perform movements or exercises that cause her pain.

15 Plaintiff shall inform Dr. Van den Bogaerde and stop any movements or exercises that cause her pain.
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5.

Plaintiff will not be required to sign an authorization, consent, or other forms for Dr. Van

17 den Bogaerde other than those reporting her name, date of birth, age, height, and weight.
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6.

Plaintiff will not be required to provide any x-ray, imaging, electroencephalogram,

19 electromyography, or myelogram.
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7.

Eduard Hairullin, a court certified Russian language interpreter, shall be present during

21 the examination to facilitate communication between Plaintiff and Dr. Van den Bogaerde.
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8.

Dr. Van den Bogaerde will be the sole healthcare provider participating in the

23 examination. Plaintiff may be accompanied by one non-attorney companion during the examination,
24 who may create an audio recording of the examination, a copy of which shall be provided to Defendant.
25 No other audiovisual recording of the examination will be permitted. Plaintiff’s non-attorney
26 companion will not participate in, obstruct, delay, or otherwise interfere with the examination.
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9.

Other than Dr. Van den Bogaerde, Mr. Hairullin, Plaintiff, and her non-attorney

28 companion, no other observers will be permitted in the examination.

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STIPULATION & PROPOSED ORDER RE:
RULE 35 PHYSICAL EXAMINATION

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1

10.

Dr. Van den Bogaerde shall receive a copy of this executed Stipulation as well as

2 Plaintiff’s Response to Defendant’s Demand for Rule 35 Physical Examination dated October 6, 2017.
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11.

Defendant shall provide Plaintiff’s counsel with a report of the examination consistent

4 with Federal Rules of Civil Procedure 35(b) and 26(a)(2) and the Court’s Scheduling Order.
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12.

The cost of the examination and interpreter shall be borne by the Defendant.

6 Dated: 10/24/2017

TARASENKO LAW OFFICE

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By:

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/s/ Kirill B. Tarasenko (authorized on 10/24/2017)
KIRILL B. TARASENKO, ESQ.
Attorney for Plaintiff

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11 Dated: October 30, 2017

PHILLIP A. TALBERT
United States Attorney

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By:

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/s/ Joseph B. Frueh
JOSEPH B. FRUEH
Assistant United States Attorney
Attorneys for Defendant

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17 IT IS SO ORDERED
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Dated: October 31, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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STIPULATION & PROPOSED ORDER RE:
RULE 35 PHYSICAL EXAMINATION

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