Toledo v. Costco Wholesale Corp.

Filing 6

STIPULATION and ORDER signed by Chief District Judge Troy L. Nunley on 3/5/2025, the Stipulation re Physical Examination of Plaintiff Isabel Toledo is accepted, adopted, and made the Order of the Court. (Deputy Clerk KEZ)

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Law Offices of

MATHENY SEARS LINKERT & JAIME LLP
MATTHEW C. JAIME (SBN 140340)
THOMAS G. LININGER (SBN 353277)
3638 American River Drive
Sacramento, California 95864
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]

Attorneys for Defendant, COSTCO WHOLESALE
CORPORATION

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UNITED STATES DISTRICT COURT

3638 AMERICAN RIVER DRIVE
SACRAMENTO, CALIFORNIA 95864

LAW OFFICES OF

MATHENY SEARS LINKERT & JAIME LLP

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EASTERN DISTRICT OF CALIFORNIA

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ISABEL TOLEDO

Case No. 2:24-CV-02089-TLN-JDP

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STIPULATION RE: PHYSICAL
EXAMINATION OF PLAINTIFF ISABEL
TOLEDO; ORDER

Plaintiffs,

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v.

COSTCO WHOLSALE CORPORATION
and DOES 1 through 20, inclusive,

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Complaint filed: May 2, 2024
Trial date: N/A.

Defendants.

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Plaintiff ISABEL TOLEDO (“Plaintiff”) and Defendant COSTCO WHOLESALE
CORPORATION (“Defendant”) agree and stipulate that Plaintiff shall submit to a physical
examination pursuant to Federal Rules of Civil Procedure, Rule 35:
1.

A controversy exists regarding the physical condition of Plaintiff and good cause

exists for a physical examination of Plaintiff.
2.

The examination will be conducted for the purpose of determining the nature and

extent of Plaintiff’s physical injuries.
3.

The scope of the examination will be the physical injuries at issue in litigation,

including, but not limited to, neck. Shoulders, arms, hands, both knees and back.
4.

The physical examination will be conducted by Kee Kim MD — the independent

medical exam physician retained by Defendant. Attached to this stipulation as Exhibit A is a true
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STIPULATION RE: PHYSICAL EXAMINATION OF PLAINTIFF ISABEL TOLEDO

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5.

The date and time for the physical examination will be March 18, 2025, at 3:00 pm.

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6.

The location for the examination is: 3301 C Street #1500, Sacramento, California.

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7.

Dr. Kim’s contact information is: Cheryl Williams [phone] and Fax: (916)

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703-5368.

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8.

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3638 AMERICAN RIVER DRIVE
SACRAMENTO, CALIFORNIA 95864

LAW OFFICES OF

MATHENY SEARS LINKERT & JAIME LLP

and correct copy of Dr. Kim’s Curriculum Vitae setting forth his qualifications and background.

It is further stipulated that Defendant will be responsible for the fees associated

with this examination.
9.

However, Plaintiff agrees to reasonably comply with Dr. Kim’s cancellation policy

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and must advise Defendant if she is unable to attend the examination at least five business days

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before the examination.

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Dated: March 4, 2025

LAW OFFICES OF W. RUSSEL FIELDS

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By: /s/
RUSSEL FIELDS
Attorney for Plaintiff TOLEDO

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MATHENY SEARS LINKERT & JAIME LLP

Dated: February 19, 2025

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By: /s/
MATTHEW C. JAIME, ESQ.
Attorney for Defendant COSTCO
WHOLESALE CORPORATION

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STIPULATION RE: PHYSICAL EXAMINATION OF PLAINTIFF ISABEL TOLEDO

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ORDER

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Pursuant to Plaintiff and Defendant’s STIPULATION RE: PHYSICAL EXAMINATION

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OF PLAINTIFF ISABEL TOLEDO and for good cause shown, the above STIPULATION RE:

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PHYSICAL EXAMINATION OF PLAINTIFF ISABEL TOLEDO is accepted, adopted, and made

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the Order of the Court.

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IT IS SO ORDERED.

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____________________________
Troy L. Nunley
Chief United States District Judge

Dated: March 5, 2025

3638 AMERICAN RIVER DRIVE
SACRAMENTO, CALIFORNIA 95864

LAW OFFICES OF

MATHENY SEARS LINKERT & JAIME LLP

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STIPULATION RE: PHYSICAL EXAMINATION OF PLAINTIFF ISABEL TOLEDO