Wagnon, et al v Rocklin Unified School District, et al

Filing 49

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 9/28/2022 GRANTING 48 Stipulation for Conduction of IME. The IME will be conducted as outlined in the order. (Perdue, C.)

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Carol A. Wieckowski, Esq. (SBN 95586)
Cathleen J. Fralick, Esq. (SBN 146378)
EVANS, WIECKOWSKI, WARD & SCOFFIELD, LLP
745 University Avenue, Sacramento, CA 95825
Telephone: [phone]
Attorneys for Defendants
ROCKLIN UNIFIED SCHOOL DISTRICT,
PLACER COUNTY OFFICE OF EDUCATION AND DAVID HAWKINS
Public Entity-Public Employees – Filing Fees Waived

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION
ALICIA WAGNON in her individual capacity
and as conservator for SULLIVAN R. FROM,

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Plaintiffs,
vs.
ROCKLIN UNIFIED SCHOOL DISTRICT,
PLACER COUNTY OFFICE OF
EDUCATION, DAVID HAWKINS and
Does 1-30,
Defendants.

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CASE NO: 2:17-cv-01666-KJN
Stipulation and Order Regarding
Independent Mental Examination
Date of IME: October 3, 2022
Time: 10:00 a.m.
Location: 5413 Sandpiper Court, Rocklin

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Defendants ROCKLIN UNIFIED SCHOOL DISTRICT, PLACER COUNTY OFFICE

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OF EDUCATION AND DAVID HAWKINS (Hereinafter “Defendants”) and Plaintiffs hereby

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stipulate to the following conditions of Plaintiff Sullivan From’s IME:
As to the date, time, place and length of the exam, counsel for the parties agree the IME
shall take place at Plaintiff’s home 5413 Sandpiper Court, Rocklin 95765, at 10:00 a.m. on
October 3, 2022. The length of the exam will be 2.0 hours.
Pursuant to the Court’s Order, the court will not set limitations on the kinds of tests Dr.
Greene will be allowed to conduct. [See, e.g., Newman, 272 F.R.D. 505 (declining to limit the

Stipulation and Order Re IME 2:17-CV-01666-TLN-KJN -1-

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kinds of tests proposed without evidence that certain tests will be dangerous to the examinee).]
Further, no specific limits are set on Dr. Greene’s questioning of Plaintiff Wagnon concerning
Plaintiff From’s history. However, defendants are cautioned that Dr. Greene’s exam shall not be
harassing to plaintiffs and shall not act as a second deposition. Thus, to the extent Dr. Greene can

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conduct any investigation of Plaintiff From’s history prior to the examination, so as to lessen the

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burden on Plaintiff Wagnon, the doctor shall do so.

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Finally, Plaintiff Wagnon may terminate Dr. Greene’s examination if at any time, she
feels, in good faith, that the examination is overly traumatizing to her son. Counsel for plaintiff
shall review this good faith standard with Plaintiff Wagnon before the examination and shall
make her aware that if the examination is ended early, it will be rescheduled for a future date.
However, if the exam is prematurely terminated, it will be rescheduled to continue on a
future date. The court will endeavor to make itself available on the day of the examination,
should any good faith disputes arise requiring court intervention.
Dated: September 15, 2022

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Evans Wieckowski Ward & Scoffield, LLP
By:

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/s/ Cathleen Fralick
Cathleen Fralick, Attorney for
Defendants Rocklin Unified School
District, Placer County Office of Public
Education, and David Hawkins

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Dated: September 26, 2022

Medina, McKelvey LLP

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By: /s/ Allison Hyatt
Allison Hyatt, Attorney for
Plaintiffs Alicia Wagnon, in her individual
capacity and as conservator for Sullivan
From

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Stipulation and Order Re IME 2:17-CV-01666-TLN-KJN -2-

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ORDER

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It is HEREBY ORDERED that pursuant to the parties’ stipulation above, the Independent
Medical Examination will be conducted on the conditions outlined above.
Dated: September 28, 2022

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wagn.1666

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Stipulation and Order Re IME 2:17-CV-01666-TLN-KJN -3-