Colleen Mary Rohan, et al v. Jill Brown, et al

Filing 704

ORDER RESPONDENT'S EXAMINATION OF PETITIONER re 660 Case Management Scheduling Order, 700 Order. Signed by Judge William Alsup on 2/24/14. (dt, COURT STAFF) (Filed on 2/24/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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ORDER

Petitioner,

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No. C 88-2779 WHA

OSCAR GATES,

v.
KEVIN CHAPPELL, Warden,
Respondent.
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It has come to the Court’s attention that respondent has scheduled a mental health

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examination of petitioner by Dr. Park Dietz. The examination is apparently scheduled for

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March 3, 2014. Respondent notified petitioner of this scheduled examination, but did not notify

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the Court, nor move to conduct the examination pursuant to Fed. Rule Civ. Pro. 35.

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As the Court’s earlier orders clearly indicated, the parties are to submit a joint proposal

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to the Court regarding any proposed examination of petitioner. See Docket Nos. 660 and 700.

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Per the Court’s earlier orders, Rule 35, and the procedures that have previously been followed

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in this matter, neither party is permitted to examine petitioner Gates without prior leave of

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Court. Nothing in the Court’s earlier orders authorized an independent examination of

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petitioner without Court approval of the procedures to be utilized for the examination.

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Accordingly, respondent’s scheduled exam of petitioner is VACATED. The parties are once

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again ORDERED to meet and confer in good faith, and to submit a joint plan for examination of

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petitioner Gates. No examination of petitioner Gates is to be conducted absent leave of Court.

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IT IS SO ORDERED.

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Dated: February

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, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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