Preston v. City Of Oakland et al

Filing 49

ORDER DENYING MOTION TO COMPEL MEDICAL EXAMINATION OF PLAINTIFF. Signed by Judge Nathanael M. Cousins on 2/3/2015. (nclc2, COURT STAFF) (Filed on 2/3/2015)

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DAN SIEGEL, SBN 56400
SONYA Z. MEHTA, SBN 294411
SIEGEL & YEE
499 14th Street, Suite 300
Oakland, California 94612
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
DARYELLE LAWANNA PRESTON

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DARYELLE LAWANNA PRESTON,

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Plaintiff,

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vs.

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CITY OF OAKLAND; DEANNA
SANTANA, in her individual capacity,

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Defendants.

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Case No. 3:14-CV-02022 NC
STIPULATION REGARDING
PLAINTIFF’S ALLEGED
EMOTIONAL DISTRESS
Trial Date: September 14, 2015

Plaintiff Daryelle Lawanna Preston (“Plaintiff”) hereby agrees to stipulate as
follows:
1. Plaintiff stipulates that she is not making a claim for a specific mental or
psychiatric injury or disorder, or for unusually severe emotional distress. Plaintiff
further stipulates that she is not making a claim for mental and emotional
distress over and above that usually associated with the alleged treatment of
Plaintiff at issue in this case. This stipulation may be read to the jury.
2. Plaintiff at trial will not call any treating psychotherapist or other expert,
regarding her alleged emotional distress damages. Plaintiff will call up to two

Preston v. City of Oakland, et al., No. 3:14-CV-02022 NC
Plaintiff’s Stipulation Regarding Plaintiff’s Emotional Distress

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third-party witnesses at trial to testify in support of her alleged emotional distress

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claims, and she must identify to defendants those witnesses by February 4, 2015,

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and must make those witnesses available for deposition. Plaintiff may also testify

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as to her own damages.

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3. Based upon Plaintiff’s representations and agreements herein, the Court will

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deny Defendants’ motion to compel an independent mental examination of

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Plaintiff.

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Dated: February 3, 2015

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SIEGEL & YEE

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By: /s/ Sonya Z. Mehta
SONYA Z. MEHTA

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Attorneys for Plaintiff
Daryelle LaWanna Preston

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ER

M. Cousin

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thanael
Judge Na

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NO

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ERED

ORD
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Dated: February 3, 2015

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UNIT
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Preston v. City of Oakland, et al., No. 3:14-CV-02022 NC
Plaintiff’s Stipulation Regarding Plaintiff’s Emotional Distress

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