Allen v. United Air Lines, Inc.

Filing 36

STIPULATION AND ORDER RE PHYSICAL EXAMINATIONS OF PLAINTIFF by Magistrate Judge Maria Elena James granting 34 Stipulation (rmm2, COURT STAFF) (Filed on 4/23/2012)

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Richard G. Grotch, Esq. – SBN 127713
Gina J. Allendorf, Esq. – SBN 203809
CODDINGTON, HICKS & DANFORTH
A Professional Corporation, Lawyers
555 Twin Dolphin Drive, Suite 300
Redwood City, CA 94065-2133
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
ATTORNEYS FOR Defendant
UNITED AIR LINES, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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CHRISTINE ALLEN,
Plaintiff,

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UNITED AIR LINES, INC., a Delaware
corporation; and DOE ONE through DOE
ONE HUNDRED, inclusive,
Defendants.

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STIPULATION FOR ORDER REGARDING
PHYSICAL EXAMINATIONS
OF PLAINTIFF CHRISTINE ALLEN

vs.

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Case No. CV 11 3326 RS (MEJ)

WHEREAS plaintiff CHRISTINE ALLEN (hereinafter “plaintiff”) asserts claims in this action
that she suffered injuries of an orthopedic and neurological nature; and
WHEREAS plaintiff has placed certain orthopedic and neurological conditions in controversy in
this case; and
WHEREAS defendant UNITED AIR LINES, INC. (hereinafter “United”) believes that in view
of plaintiff’s claims, good cause exists for orthopedic and neurological examinations of the plaintiff in
that the examinations will assist it in assessing and evaluating the orthopedic and neurological claims
asserted by plaintiff, as well as her claims for special and general damages based upon those conditions;
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Stipulation for Physical Examinations of Plaintiff Christine Allen
Case No: CV 11 3326 RS

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IT IS HEREBY STIPULATED, by and between plaintiff and United, through their counsel of
record, and pursuant to Rule 35 of the Federal Rules of Civil Procedure, as follows:
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That the Court be requested to enter an order requiring plaintiff’s attendance and

participation at the medical examinations described herein;
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Plaintiff shall submit to a general orthopedic examination by Dr. Sampson in his office

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located at 2299 Post Street, Suite 107, San Francisco, California, at 1:00 p.m. on June 7, 2012, or such

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other date and time to be agreed upon by the parties. The examination shall include a functional soft

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tissue examination and any and all other tests which are ordinarily deemed a part of a general orthopedic

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examination.

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3.

Plaintiff shall also submit to a general neurological examination by Dr. Strassberg in his

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office located at 2000 Van Ness Avenue, Suite 610, San Francisco, California, at 1:00 p.m. on May 17,

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2012, or such other date and time to be agreed upon by the parties. The examination shall include motor

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and sensory examinations and any and all other tests which are ordinarily deemed a part of a general

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neurological examination.

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4.

The examinations will not include any blood draws, urine tests, x-rays, CT scans, MRIs or

any other radiographic studies.
5.

The examinations may not include any diagnostic test or procedure that is painful,

protracted, or intrusive.
6.

Plaintiff’s counsel may record or may designate a representative to record the entire audio

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content of the examination. Plaintiff’s counsel shall inform defense counsel of the full names of any

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persons who will be present with plaintiff at her examinations so that the examining doctors and their

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staff may be informed in writing of their names and will authorize these persons to be present for the

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examination in accordance with the examiners’ practice of preserving the medical privacy rights of

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patients.

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7.

The examinations will only be rescheduled or continued if an unavoidable medical

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emergency occurs in which the doctor’s medical expertise is required on an emergent basis. United’s

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counsel will immediately provide plaintiff’s counsel with a full explanation of any emergent medical event

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Stipulation for Physical Examinations of Plaintiff Christine Allen
Case No: CV 11 3326 RS

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should it occur and should it result in the need for the physician to reschedule plaintiff’s examination or

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leave plaintiff’s examination prematurely.

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8.

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IT IS SO STIPULATED.

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United shall bear all costs of the examinations.

Dated: April 23, 2012

CODDINGTON, HICKS & DANFORTH

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/s/ Gina J. Allendorf

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By: ____________________________________
Gina J. Allendorf (*)
Attorneys for Defendant
UNITED AIR LINES, INC.

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Dated: April 23, 2012

O’REILLY

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By:

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COLLINS

/s/ Matthew W. O’Reilly
Matthew W. O’Reilly
Attorneys for Plaintiff
CHRISTINE ALLEN

(*) I hereby attest that I have on file all holograph signatures
for any signatures indicated by a “conformed” signature (/s/)
within this e-filed document.

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ORDER
The Court, having read and considered the foregoing stipulation, and good cause appearing, the

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Court finds that the above-recited Stipulation is sanctioned by the Court, pursuant to Rule 35 of the

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Federal Rules of Civil Procedure and shall be, and now is, the Order of the Court.

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IT IS SO ORDERED.

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Dated: April __, 2012
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_____________________________________
Magistrate Judge Maria-Elena James
United States Magistrate Judge

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Stipulation for Physical Examinations of Plaintiff Christine Allen
Case No: CV 11 3326 RS