Sorensen v. Target Corporation

Filing 36

ORDER GRANTING re 35 Stipulation ToConduct a Medical Exam of Plaintiff Olga Sorensen filed by Target Corporation. Signed by Judge Joseph C. Spero on 9/18/13. (klhS, COURT STAFF) (Filed on 9/18/2013)

1 LAWRENCE S. VIOLA, ESQ.
KAREN A. NERI, ESQ.
2 VIOLA LAW FIRM
441 First Avenue
3
P.O. Box 1290
4 San Mateo, CA 94401-1290
Tel.: [phone]
5 Fax: [phone]
Attorneys for Plaintiffs
6 OLGA SORENSEN and JAMES SORENSEN
7 GAIL C. TRABISH, ESQ. (SBN 103482)
BOORNAZIAN, JENSEN & GARTHE
8 A Professional Corporation
555 12th Street, Suite 1800
9 Oakland, CA 94607
Telephone: [phone]
10 Facsimile: [phone]
11 Attorneys for Defendant
TARGET CORPORATION erroneously
12 sued herein as “Target Corporation, dba
Target #1122”
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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17 OLGA SORENSEN and JAMES
SORENSEN,
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Plaintiff,
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vs.
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TARGET CORPORATION, dba Target
21 #1122 and Does 1-20
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Defendants.

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Case No.: C12-04025 JCS
STIPULATION TO CONDUCT A
MEDICAL EXAMINATION OF
PLAINTIFF OLGA SORENSEN
Complaint Filed: May 16, 2012
[San Mateo County Superior Court Case
No.: CIV513499]

Pursuant to Federal Rule of Civil Procedure 35, all parties to this action hereby stipulate

26 and agree that Defendant TARGET CORPORATION shall be allowed to conduct a neurologic
27 examination of plaintiff as follows:
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-1STIPULATION FOR MEDICAL EXAMINATION – US District Court Case No.: C12-04025JCS

1

1.

The examination will be conducted by Bruce McCormack, M.D., a licensed and

2 board certified neurosurgeon.
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2.

The examination will commence at 11:00 a.m. on December 18, 2013 at 2320

4 Sutter Street, Suite 202, San Francisco 94115.
5

3.

Dr. McCormack’s examination of plaintiff will include a physical examination and

6 other diagnostic tests that are not painful, protracted or intrusive. No radiographic studies will be
7 undertaken. The examination of plaintiff is to determine plaintiff’s medical condition, causation,
8 diagnosis and prognosis as it relates to the facts involved in the incident which gives rise to this
9 lawsuit. The examination may be attended by plaintiff’s representative.
4.

10

Following the examination, defendant will provide plaintiff’s counsel with a copy

11 of the report of examination. By receiving this report or by deposing the examiner, plaintiff waives
12 any privilege she may have in this action concerning testimony about all examinations with respect
13 to the same condition, pursuant to Federal Rule of Civil Procedure 35(B)(4). Upon receipt of the
14 Independent Medical Examination report prepared by Dr. McCormack, plaintiff’s attorney will
15 provide defense counsel with the identity of all healthcare practitioners who have or will examine
16 plaintiff for the same condition and a copy of any reports which may exist or thereafter are
17 prepared.
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DATED: September 12, 2013

VIOLA LAW FIRM

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By: __/s/ Karen A. Neri__________________
LAWRENCE S. VIOLA, ESQ.
KAREN A. NERI, ESQ.
Attorneys for Plaintiffs
OLGA SORENSEN and
JAMES SORENSEN

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-2STIPULATION FOR MEDICAL EXAMINATION – US District Court Case No.: C12-04025JCS

1 DATED: September 17, 2013
BOORNAZIAN, JENSEN & GARTHE
A Professional Corporation

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By: ___/s/ Gail C. Trabish_________________
GAIL C. TRABISH, ESQ.
Attorneys for Defendant
TARGET CORPORATION

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Judge Jo

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Spero

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seph C.

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9 Dated: 9/18/13

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-3STIPULATION FOR MEDICAL EXAMINATION – US District Court Case No.: C12-04025JCS