Hannah, et al., v. United States of America et al

Filing 14

STIPULATION and ORDER for medical examination per FRCP 35 signed by Magistrate Judge Edmund F. Brennan on 10/11/2018. (Cannarozzi, N)

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1 2 3 4 5 McGREGOR W. SCOTT United States Attorney VICTORIA L. BOESCH Assistant United States Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2700 Attorneys for the United States 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SHAWNEE HANNAH, et al. CASE NO. 2:17-cv-01248-JAM-EFB 12 13 PLAINTIFFS, STIPULATION AND [PROPOSED] ORDER FOR MEDICAL EXAMINATION PER FEDERAL RULE OF CIVIL PROCEDURE 35 14 15 V. 16 17 UNITED STATES OF AMERICA, et al. 18 19 DEFENDANTS. 20 21 22 Plaintiff Shawnee Hannah and Defendant the United States respectfully submit this stipulation 23 and proposed order for a medical examination under Federal Rule of Civil Procedure 35, which 24 provides that the court may order physical examination of a party whose physical condition is in 25 controversy. 26 27 28 STIPULATION AND [PROPOSED] ORDER FOR MEDICAL EXAMINATION PER FRCP 35 1 1 The parties hereby agree that Plaintiff will submit to a medical examination by Dr. D. Michael 2 Hembd, M.D., on October 10, 2018, at 3:00 p.m. at 2801 K Street, Suite 410, in Sacramento, 3 California, that will last approximately two hours. Mrs. Hannah will attend the examination to attend 4 to Plaintiff’s needs during the examination. A life care planner, Miranda Van Horn, will attend the 5 examination to observe. Ms. Van Horn will not ask Plaintiff or Mrs. Hannah questions. No staff or 6 attorneys from the offices of Plaintiff’s or Defendant’s counsel will attend the examination. 7 8 9 10 DATED: October 4, 2018 McGREGOR W. SCOTT United States Attorney 11 By: /s/ Victoria L. Boesch_________ VICTORIA L. BOESCH Assistant United States Attorney 12 13 14 15 K.W. DAVIS, ATTORNEYS AT LAW 16 /s/ Whitney A. Davis (authorized 10/4/18) WHITNEY A. DAVIS Attorneys for Plaintiff 17 18 19 IT IS SO ORDERED. 20 21 DATED: October 11, 2018 22 23 24 ______________________________________ EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 25 26 27 28 STIPULATION AND [PROPOSED] ORDER FOR MEDICAL EXAMINATION PER FRCP 35 2

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