Ashley v. City and County of San Francisco et al

Filing 67

ORDER TO SUBMIT DECLARATIONS IN SUPPORT OF 62 12/13/2012 Joint Discovery Letter Brief filed by City and County of San Francisco Discovery due by 1/28/2013.. Signed by Judge Kandis A. Westmore on 1/14/2013. (kawlc1, COURT STAFF) (Filed on 1/14/2013)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 JAMESON ASHLEY, Plaintiff, v. CITY AND COUNTY OF SAN FRANCISCO, MICHAEL HENNESSEY, individually and in his official capacity as Sheriff of the San Francisco County Sheriff’s Department; and DOES 1 to 30, Case No.: CV-12-00045-JSW (KAW) ORDER TO SUBMIT DECLARATIONS IN SUPPORT OF 12/13/2012 DISCOVERY LETTER Defendants. 14 15 Before the Court is a joint discovery letter filed on December 13, 2012. (Dkt. No. 62). 16 While there is no dispute that Plaintiff Jameson Ashley has put his mental state in controversy and 17 that good cause exists to conduct a Rule 35 mental examination, the parties disagree as to the 18 length and scope of the examination, the presence of a third party during the examination, and 19 whether the examination may be tape recorded. (Id.) 20 Upon review of the joint letter, the Court ORDERS the parties to submit declarations from 21 their respective psychological experts and/or treating physicians attesting to the facts presented in 22 the 12/13/2012 Joint Letter on or before January 28, 2013. No further briefing is necessary at this 23 time. Upon receipt of the declarations, the Court will decide whether a hearing or further briefing 24 is required to resolve this dispute. 25 26 27 28 Dated: January 14, 2013 ___ KANDIS A. WESTMORE United States Magistrate Judge

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