Valiavacharska v. Celaya et al

Filing 48

ORDER RE: PLAINTIFFS DEPOSITION AND MEDICAL EXAMINATION (Dkt. Nos. 45, 47). Signed by Magistrate Judge Jacqueline Scott Corley on 10/26/2011. (ahm, COURT STAFF) (Filed on 10/26/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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ZHIVKA VALIAVACHARSKA,
Plaintiff,

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No. C10-4847 JSC
ORDER RE: PLAINTIFF’S
DEPOSITION AND MEDICAL
EXAMINATION (Dkt. Nos. 45, 47)

v.
MITCH CELAYA, ET AL.,
Defendants.

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/

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On October 25, 2011, the Court directed Plaintiff to be prepared to appear for a
deposition and medical examination on October 27, 2011 beginning at 9:00 am. (Dkt. No.

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46.) Plaintiff was ordered to file a response, if any, by close of business on October 25,

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2011. Plaintiff failed to meet this deadline but filed a response on October 26, 2011. Plaintiff

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concedes that she agreed to continue her deposition “in relation to the documents that she

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produced afterward.” (Dkt. No. 47.) Accordingly, Plaintiff is directed to appear on October

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27, 2011 for her continued deposition at 9:00 am unless the parties agree to a different date

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certain.

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Plaintiff contests her examination by an independent medical examiner (“IME”). The

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Court encourages the parties to resolve this issue among themselves as Plaintiff could avoid

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multiple trips to California by combining her deposition with an examination by an IME. If
the parties are not able to reach a resolution, the Court will address this issue at the status

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conference on November 17, 2011, and, if the Court rules that an IME is appropriate,

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Plaintiff may have to schedule another trip to California for this purpose.

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United States District Court
For the Northern District of California

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IT IS SO ORDERED.

Dated: October 26, 2011
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

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