Norsworthy v. Beard et al

Filing 54

STIPULATION AND ORDER re 53 STIPULATION WITH PROPOSED ORDER for Rule 35 Independent Medical Examination of Plaintiff filed by Jared Lozano, A. Newton, A. Adams, M. E. Spearman, Jeffrey Beard, L.D. Zamora, Raymond J. Coffin, David Van Leer. Signed by Judge Jon S. Tigar on January 16, 2015. (wsn, COURT STAFF) (Filed on 1/16/2015)

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KAMALA D. HARRIS
Attorney General of California
JAY C. RUSSELL
Supervising Deputy Attorney General
EDWARD R. FLUET
Deputy Attorney General
State Bar No. 247203
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants J. Beard, M. Spearman,
R. Coffin, J. Lozano, A. Adams, A. Newton, D. Van
Leer, and L. Zamora
HERMAN J. HOYING
MORGAN, LEWIS & BOCKIUS LLP
ONE MARKET, SPEAR STREET TOWER
SAN FRANCISCO, CALIFORNIA 94105-1126
TELEPHONE: [phone]
FACSIMILE: 415.442.1001
[e-mail]
Attorney for Plaintiff Michelle-Lael Norsworthy

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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MICHELE-LAEL NORSWORTHY,

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v.
JEFFREY BEARD, et al.,

C 14-00695 JST (PR)

Plaintiff, STIPULATION AND [PROPOSED]
ORDER FOR RULE 35 INDEPENDENT
MEDICAL EXAMINATION OF
PLAINTIFF
Judge:
The Honorable Jon S. Tigar
Trial Date:
None set
Defendants. Action Filed: February 14, 2014

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The Parties, having met and conferred, stipulate to the independent medical examination of

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Plaintiff Michelle-Lael Norsworthy per Rule 35 of the Federal Rules of Civil Procedure. The

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examination is to take place on Wednesday, January 28, 2015, at Mule Creek State Prison, at a

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mutually convenient time to be determined by the Parties and Mule Creek State Prison, by
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Stip. and [Proposed] Order for IME (C 14-00695 JST (PR))

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defendants’ proposed expert witness, Dr. Stephen B. Levine, M.D. The independent medical

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examination will include a 2-3 hour clinical interview of Plaintiff regarding her gender identity

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dysphoria and her desire for sex-reassignment surgery and may include the Minnesota

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Multiphasic Personality Inventory (MMPI) and the Wechsler Adult Intelligence Scale (WAIS).

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Plaintiff takes no position at this time with regard to whether Dr. Levine is a “suitably

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licensed or certified” examiner under Rule 35 and the Parties agree that Plaintiff, by entering this

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stipulation, does not waive any right and expressly reserves all rights to challenge Dr. Levine’s

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qualifications and opinions. Counsel for Plaintiff will be permitted to be present for the initial

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introduction of Plaintiff to Dr. Levine and present outside of the examination room but counsel

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for Plaintiff shall not be permitted to attend the examination.
Except as expressly noted, the Parties agree that the standard for a Rule 35 examination has

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been met. Given this stipulation, Defendants withdraw their Motion for a Mental Examination

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(ECF No. 50) as moot.

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SO STIPULATED, on January 15, 2015:

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/s/ Herman J. Hoying
_________________________
HERMAN J. HOYING
Attorney for Plaintiff
Michelle-Lael Norsworthy

/s/ Edward R. Fluet
_________________________
EDWARD R. FLUET1
Deputy Attorney General
Defendants J. Beard, M. Spearman,
R. Coffin, J. Lozano, A. Adams, A.
Newton, D. Van Leer, and L. Zamora

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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January 16, 2015
Dated

_________________________
HON. JON S. TIGAR
United States District Judge

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Under Northern District General Order 45, subsection X.B., Defendant’s counsel attests
that Plaintiff’s counsel’s gave him permission to electronically sign this Stipulation on his behalf.
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Stip. and [Proposed] Order for IME (C 14-00695 JST (PR))