Wadman et al v. Discovery Bay Yacht Harbor, LLC et al

Filing 65

ORDER FOLLOWING DISCOVERY HEARING 60 (whalc2, COURT STAFF) (Filed on 12/8/2015)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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No. C 14-05035 WHA

MAX WADMAN AND KELLY TOPPING,

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For the Northern District of California

United States District Court

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Plaintiffs,
v.

ORDER FOLLOWING
DISCOVERY HEARING

DISCOVERY BAY YACHT HARBOR, LLC
ET AL,

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Defendants.
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/

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As stated at today’s discovery hearing, plaintiff Max Wadman shall sit for an
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independent psychiatric evaluation, not to exceed five hours. The evaluation shall take place on
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either DECEMBER 15 OR DECEMBER 17, at plaintiff’s choosing, and he must notify defendants
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on which date the exam will take place by NOON ON DECEMBER 10. If plaintiff does not sit for
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the psychiatric evaluation, then he will not be allowed to make any mention of post-traumatic
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stress disorder at trial. The disclosure of expert reports regarding the psychiatric evaluations of
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plaintiffs Wadman and Topping shall be due TWENTY-EIGHT DAYS after their respective
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examinations.
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By DECEMBER 11 AT NOON, plaintiff’s counsel shall file a five-page memorandum
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summarizing their best proof that plaintiff Wadman actually served in the military in Iraq,
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attaching the five documents which are most probative of that assertion. By DECEMBER 15 AT
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NOON, defense counsel may file a response, not to exceed five pages, in opposition to plaintiff’s
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memorandum. If defense counsel claim they were never served with the documents plaintiff

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attaches, then plaintiff may respond by DECEMBER 16 AT NOON, laying out with specificity

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how and when the documents were produced to the other side.

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By DECEMBER 9, the parties shall submit a proposed joint request to the Department of
Defense for the Court to sign regarding production of outstanding document requests.

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IT IS SO ORDERED.

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WILLIAM ALSUP

UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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Dated: December 8, 2015.

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