Berndt et al v. California Department of Corrections et al

Filing 526

ORDER REGARDING DATES OF ORDERED PSYCHIATRIC TESTING AND EXAMINATION re 522 Supplemental Brief, filed by Dwight W. Winslow, Joseph McGrath, California Department of Corrections, D. Skerik, Teresa Schwartz. Signed by Judge Phyllis J. Hamilton on 6/26/13. (nah, COURT STAFF) (Filed on 6/27/2013) Modified on 6/27/2013 (nah, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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MARTHA BERNDT, et al.,

Case No. C03-3174 PJH
Plaintiffs, [PROPOSED] ORDER REGARDING
DATES OF ORDERED PSYCHIATRIC
TESTING AND EXAMINATION

v.

CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.

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The Court ordered the parties to meet and confer and file a stipulation, if possible,

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regarding the dates of psychological testing by Defendants’ expert Dr. McNiel, and psychiatric

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examination by Defendants’ expert Dr. Binder. (Doc. ## 515, 520.) The parties were unable to

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reach an agreement on the Court-ordered testing and examinations. Plaintiffs also failed to file

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any briefing in support of a proposed protective order by the Court’s June 19, 2013, deadline.

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(See Doc. # 520.)

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GOOD CAUSE APPEARING, the Court orders that the psychological testing and

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psychiatric examination of Plaintiffs Berndt, Morin, and Boyd by Defendants’ experts occur

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according to the following schedule:

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[Proposed] Order Regarding Dates of Ordered Psychiatric Testing and Examination (C03-3174 PJH)

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8/21/2013, 8:30 a.m.-5:30 p.m. 8/22/2013, noon – 5:30 p.m.

Kimberly Morin

7/15/2013, 8:30 a.m.-5:30 p.m. 7/22/2013, noon – 5:30 p.m.

Lisa Boyd

7/19/2013, 8:30 a.m.-5:30 p.m. 7/30/2013, noon – 5:30 p.m.

All other details of the Court-ordered testing and examination are included in the Court’s
June 18, 2013, Order Granting Motion for Rule 35 Order and Defendants’ briefing in support of
the Motion for a Rule 35 Order. (See Doc. ## 504, 509, 510, 515, 520.)
IT IS SO ORDERED.
S DISTRICT
TE

6/26/13
Dated: ___________________________

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C
TA
__________________________
PHYLLIS J. HAMILTON
ED
ORDER
IT IS S
United StatesODistrict Judge

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hyllis J.
Judge P

NO

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RT

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Hamilton

R NIA

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Martha Berndt

FO

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Date of Dr. Binder Exam

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Date of Dr. McNiel Testing

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Plaintiff

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UNIT
ED

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F
D IS T IC T O
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[Proposed] Order Regarding Dates of Ordered Psychiatric Testing and Examination (C03-3174 PJH)