Brown v. National Railroad Passenger Corporation

Filing 18

ORDER REGARDING INDEPENDENT MEDICAL EXAMINATION re 17 Stipulation filed by National Railroad Passenger Corporation. Signed by Judge James Larson on 6/14/10. (jlsec, COURT STAFF) (Filed on 6/14/2010)

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Case3:09-cv-03401-JL Document17 Filed06/08/10 Page1 of 2 1 2 3 4 5 6 7 8 9 NANT, LLP B. CLYDE HUTCHINSON, State Bar No. 037526 bch@llcllp.co m LIZA SIU MENDOZA, State Bar No. 242493 lsm@llcllp.co m LOMBARDI, LOPER & CONANT, LLP Lake Merritt Plaza 1999 Harrison Street, Suite 2600 Oakland, CA 94612-3541 Telephone: (510) 433-2600 Facsimile: (510) 433-2699 Attorneys for Defendant NATIONAL RAILROAD PASSENGER CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION THURMAN E. BROWN, Plaint iff, v. NATIONAL RAILROAD PASSENGER CORPORATION, a.k.a., "AMTRAK," a corporation, Defendant. Case No. 3:09-cv-03401 JL STIPULATION TO INDEPENDENT MEDICAL EXAMINATION PURSUANT TO RULE 35 OF THE FEDERAL RULES OF CIVIL PROCEDURE 10 11 Lake Merritt Plaza 1999 Harrison St reet, Suite 2600 Oakland, CA 94612 - 3541 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LOMBARDI, LOPER & CO IT IS HEREBY STIPULATED by and between plaintiff THURMAN E. BROWN ("Plaintiff") and defendant NATIONAL RAILROAD PASSENGER CORPORATION. ("Defendant"), through their designated counsel, that plaintiff will undergo a physical examination pursuant to Rule 35 of the Federal Rules of Civil Procedure. Said examination shall take place on June 17, 2010 at 2:00 p.m. and will be conducted by Peter Slabaugh, M.D. at Webster Orthopaedic Medical Group, 80 Grand Avenue, Suite 400, Oakland, California 94612, Telephone: (510) 267-4017. This examination will be conducted for the purpose of determining the nature and extent of plaintiff's physical injuries and the relationship thereof to the accident which is the subject of this litigation, and will consist of all necessary and customary activities required to make such a determination, including but not limited to medical history, history of accident in question, and 13249-39158 LSM 584402.1 1 Case No. 3:09-cv-03401 JL STIPULATION TO INDEPENDENT MEDICAL EXAMINATION Case3:09-cv-03401-JL Document17 Filed06/08/10 Page2 of 2 1 2 3 4 5 6 7 8 9 NANT, LLP physical examination and evaluation. Photographs of Plaintiff's injuries may be taken for use at trial. Plaintiff shall be responsible for any cancellation or no show fees per Dr. Slabaugh's policy. Dated: June 7, 2010 HILDEBRAND, MCLEOD & NELSON, INC. By: /s/ John Furstenthal JOHN FURSTENTHAL Attorneys for Plaintiff THURMAN E. BROWN 10 11 Lake Merritt Plaza 1999 Harrison St reet, Suite 2600 Oakland, CA 94612 - 3541 Dated: June 7, 2010 LOMBARDI, LOPER & CONANT, LLP By: /s/ Liza Siu Mendoza LIZA SIU MENDOZA Attorneys for Defendant NATIONAL RAILROAD PASSENGER CORPORATION 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13249-39158 LSM 584402.1 LOMBARDI, LOPER & CO IT IS SO ORDERED: June 14 DATED: ___________________, 2010 HONORABLE JAMES LARSON UNITED STATES DISTRICT JUDGE 2 Case No. 3:09-cv-03401 JL STIPULATION TO INDEPENDENT MEDICAL EXAMINATION

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