Young et al

Filing 65

STIPULATION AND ORDER Signed by Judge Jon S. Tigar on 5/19/2017 granting 62 Stipulation and [Proposed] Order for a FRCP Rule 35 Psychological Examination of Plaintiff Young and Plaintiff Cephas-Gross. (tnS) (Filed on 5/19/2017)

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ANGELA ALIOTO, (SBN 130328)
angela((ijaliotolawoffice.com
Law Offices of Mayor Joseph L. Alioto
And Angela Alioto
700 Montgomery Street
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415-438-4638

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JOHN SCARPINO, (SBN 151377)
[e-mail]
Law Office of John Scarpino
700 Montgomery Street
San Francisco, CA 94111
Telephone: [phone]
Facsunile: 415-438-4638

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Attorneys for Plaintiffs
Gloria Young and
Margaret Cephas-Gross

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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)
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Plaintiffs,
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vs.
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Holland America Line, N.V., a foreign
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corporation; Carnival Corporation, dba
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Carnival Cruise Lines, a foreign corporation;)
CWC, Inc., dba Costco Travel, a
)
Washington corporation; and DOES 1-10, )
)
Defendants
)
Gloria Young; Margaret Cephas Gross,

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CASE NO.:

3:16-CV.04820-JST

STIPULATION AND PROPOSED
ORDER FOR A FRCP RULE 35
PSYCHOLOGICAL EXAMINATION
OF PLAINTIFF YOUNG AND
PLAINTIFF CEPHAS-GROSS

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Plaintiffs, GLORIA YOUNG and MARGARET CEPHAS-GROSS, and Defendants,

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HOLLAND AMERICA LINE, N.V., CARNIVAL CRUISE LINES, and COSTCO TRAVEL by

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and through their respective counsel, hereby stipulate as follows:

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l.

Plaintiff Gloria Young and Plaintiff Margaret Cephas-Gross (collectively,

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"Plaintiffs") each seek compensation for mental injuries allegedly sustained while they were

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passengers aboard the cruise ship MS EURODAM.
3: 16-CV-04820-JST
Stip. and Proposed Order for Psychological Exam

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2.

The parties agree that Plaintiffs' mental conditions are in dispute. The parties

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further agree that Plaintiffs will each submit to an FRCP Rule 35 medical examination of the

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mental injuries they each claim in this case on the terms set forth below.

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3.

The medical examination of each Plaintiff's mental condition will be performed

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by Dr. Ronald Roberts, a board-certified forensic psychologist, and by such assistants and

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colleagues as Dr. Roberts may call upon to assist and advise during the examinations.

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4.

Dr. Roberts' examination of Plaintiff Young will take place on May 22, 2017 at

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2000 Van Ness Ave., Suite 512, San Francisco, CA 94109, Tel. [phone]. The

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examination will begin at 8:30a.m. and end no later than 5:30p.m., with one (1) hour break for

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lunch and other breaks as needed.

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Dr. Roberts' examination ofPlaintiffCephas-Gross will take place on May 25,

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2017 at 2000 Van Ness Ave., Suite 512, San Francisco, CA 94109, Tel. [phone]. The

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examination will begin at 8:30a.m. and end no later than 5:30p.m., with one (1) hour break for

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lunch and other breaks as needed.

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6.

Each Plaintiff will arrive at Dr. Roberts' examination 15 minutes before the

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appointment time. If either Plaintiff is unable to attend the examination for any reason,

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Plaintiffs' counsel shall immediately notify counsel for Defendants, and Plaintiffs will be

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responsible for any cancellation fees charged by Dr. Roberts for failure to comply with his

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cancellation policy.

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7.

Dr. Roberts' examination of each Plaintiff will consist of an oral medical history

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and background interview, a review of pertinent medical records, standard psychological testing

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under MMPI-2, and such other tests or studies as may be deemed appropriate by Dr. Roberts.

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Plaintiffs will cooperate with Dr. Roberts during the examination, including responding fully and

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honestly to appropriate questions. The scope of the examinations will be to determine the nature,

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cause, extent of, and prognosis for, the mental injuries each Plaintiff allegedly sustained while

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passengers aboard the cruise ship MS EURODAM.

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3: 16-CV-04820-JST
Stip. and Proposed Order for Psychological Exam

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8.

Plaintiffs' counsel will be permitted to accompany each Plaintiff to Dr. Roberts'

examination, but counsel will not be present in the examination room.

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Plaintiffs will not video or audio record any portion of the examination. If Dr.

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Roberts video or audio records any portion of the examination, Dr. Roberts will provide counsel

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for the Defendants with a copy of the video or audio recording upon the conclusion of the

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examination. Counsel for the Defendants will promptly provide Plaintiffs' counsel with any

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video or audio recording of the examination received from Dr. Roberts.

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10.

The parties agree that this Stipulation constitutes a request by each Plaintiff for a

copy of Dr. Roberts' written report detailing his findings, diagnoses, conclusions, and test results.

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Upon receipt of Dr. Roberts' aforementioned reports, counsel for Defendants will promptly

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deliver the reports to Plaintiffs' counsel via email and U.S. mail.

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11.

The parties agree that each physical examination will be subject to the parties'

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Stipulated Protective Order for Standard Litigation [docket no. 60.] Defendants will provide Dr.

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Roberts with a copy of the Stipulated Protective Order for Standard Litigation and obtain Dr.

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Roberts' signed Acknowledgment of the Protective Order either before the examination or at the

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examination before the commencement of the examination. The parties further designate Dr.

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Roberts' report and all medical records reviewed by Dr. Roberts as confidential pursuant to the

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terms of the Stipulated Protective Order for Standard Litigation.

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12.

Defendants will provide Dr. Roberts with a copy of this Stipulation.

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13.

The parties agree Dr. Roberts will retain until November 3, 2017, all test results

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and raw data collected during any test conducted by Dr. Roberts, as well as any notes, memos or

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completed forms regarding the examination made during or after the exams, including any

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written observations or information obtained by Dr. Roberts during the examination.

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14.

The parties agree to comply with the terms of this Stipulation in the event the

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Court has not issued the requested stipulated order before the date of Dr. Roberts' examinations

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ofPlaintiffs.

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3: 16-CV-04820-JST
Stip. and Proposed Order for Psychological Exam

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IT IS SO STIPULATED.

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LAW OFFICE OF JOHN SCARPINO

FLYNN, DEUCH & WISE

By:

~JOUJJ[
LiSa(}Dnei
Attorney for Defendants
HOLLAND AMERICA LINE, N.V.,
COSTCO WHOLESALE
CORPORATION and CARNIVAL
CORPORATION

ORDER

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IT IS SO ORDERED.
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May 19, 2017

Date: - - - - - - - - -

Hon. Jon S. Ttgar
United States District Judge

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3:16-CV-04820-JST
Stip. and Proposed Order for Psychological Exam

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