Haley v. Cohen & Steers Capital Management, Inc. et al
Filing
124
STIPULATION AND ORDER REGARDING PLAINTIFF'S MENTAL EXAMINATION re 123 Stipulation filed by Cohen & Steers Capital Management, Inc., David Edlin. Signed by Judge Phyllis J. Hamilton on 11/17/11. (nah, COURT STAFF) (Filed on 11/17/2011)
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SEYFARTH SHAW LLP
Francis J. Ortman III (SBN 213202)
fortman@seyfarth.com
Andrea N. de Koning (SBN 253715)
adekoning@seyfarth.com
Matthew J. Mason (SBN 271344)
mmason@seyfarth.com
560 Mission Street, 31st Floor
San Francisco, California 94105
Telephone: 415/397-2823
Facsimile: 415/397-8549
Attorneys for Defendant
COHEN & STEERS CAPITAL MANAGEMENT, INC.
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UNITED STATES DISTRICT COURT
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IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND
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JANET HALEY,
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) Case No. C10-03856-PJH
)
Plaintiff,
) STIPULATION REGARDING
) PLAINTIFF'S MENTAL
) EXAMINATION PURSUANT TO
v.
) FRCP 35
COHEN & STEERS CAPITAL
) AND ORDER BY COURT
MANAGEMENT, INC., A New York
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Corporation Doing Business in California; and )
DAVID EDLIN, an individual,
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Defendants.
)
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Plaintiff Janet Haley ("Haley") and Defendants Cohen & Steers Capital Management,
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Inc. ("Cohen & Steers") and David Edlin ("Edlin") (collectively, "Defendants") (collectively,
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"the Parties"), by and through their respective counsel, hereby stipulate with regard to an
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independent mental health examination under Rule 35 of the Federal Rules of Civil Procedure as
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follows:
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I. IDENTIFICATION AND PERSONAL INFORMATION
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Plaintiff recognizes the examiner's, Dr. Bernard S. Rappaport, need to identify Plaintiff at
the time of the examination and will provide the following information:
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1.
Full name;
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2.
Date of birth;
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STIPULATION AND RE FRCP 35 EXAMINATION
Case No. C10-03856-PJH
3.
Current residence address;
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Social Security Number.
Plaintiff will not be required by Dr. Rappaport to complete any forms other than those
that are part of the written tests identified in paragraph B(2) of this stipulation or provide
Dr. Rappaport with the following:
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Residence telephone number;
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Medical insurance information or other insurance information.
II. EXAMINATION
1.
Dr. Rappaport will conduct a mental examination of plaintiff on December 20,
2011 commencing at 9:00 a.m. at 3 Altarinda Road, Suite 207, Orinda, CA 94563.
2.
Dr. Rappaport's psychiatric evaluation will consist of a mental status
examination, an assessment of current functioning, delineation of the allegations, and exploration
of concurrent mental health history and past mental health history. The examination will consist
of the taking of a history, including family history, educational history and work history.
Dr. Rappaport may employ widely accepted written tests, including the Minnesota Multiphasic
Personality Inventory-2 (MMPI-2), among others. All of these tests and measures are routinely
utilized by mental heath care professionals when conducting independent mental examinations.
Dr. Rappaport will agree to exchange said testing (raw data) with Plaintiff's expert psychologist
Linda Barnard, Ph.D., 418 Alhambra Blvd., Sacramento, CA 95816, (916) 606-8748, within
seven (7) days of the date of the independent mental health exam.
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Dr. Rappaport may ask, and Plaintiff shall answer, questions relating to the nature
of events that Plaintiff claims were the cause of the emotional damages that are the subject of
this action. Dr. Rappaport may also ask, and Plaintiff shall answer, questions about other
stressors in Plaintiff's life that may have impacted and may continue to impact her mental health
and/or mental state. To the extent that Plaintiff's intimate relationships have impacted and may
continue to impact her mental health and/or mental state, Dr. Rappaport may inquire into such
subjects. Dr. Rappaport shall not, however, inquire into the details of Plaintiffs sexual
relationship with any person unless Plaintiff claims that she is suffering from sexual dysfunction
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STIPULATION RE FRCP 35 EXAMINATION
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Case No. C10-03856-PJH
or problems as a result of wrongs she attributes to Defendant. Dr. Rappaport may also inquire
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into Plaintiff's general social history and the general social interactional patterns in which
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Plaintiff has engaged. Questions relating to Plaintiff's work environment and allegations set
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forth in the complaint will be permitted, but Dr. Rappaport should already be familiar with the
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case and Plaintiff's deposition so unduly repetitive questions are avoided and minimized.
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4.
No one other than Dr. Rappaport (or a designee appointed by Dr. Rappaport) and
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Plaintiff shall be present during the examination. All forms and questionnaires required in
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connection with the psychological testing must be completed by Plaintiff herself, without outside
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assistance of her counsel or any other person. Neither party may record the examination through
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audio, video, or other electronic means.
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Dr. Rappaport shall be provided by Defendant's counsel copies of any medical
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records relating to the Plaintiffs emotional and mental health claims as alleged as part of this
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action prior to her examination by Dr. Rappaport. The parties agree to exchange written reports
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prepared by Dr. Rappaport and any individual retained by Plaintiff for the purpose of evaluating
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Plaintiff, pursuant to Rule 35(b) of the Federal Rules of Civil Procedure. Counsel for Plaintiff
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shall be provided with Dr. Rappaport's report within thirty (30) days of the examination or by
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the date required pursuant to the current Scheduling Order. Plaintiff also demands copies of any
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and all supplemental reports prepared by Dr. Rappaport. Dr. Rappaport's report, and any
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supplemental reports, will be marked as "CONFIDENTIAL" pursuant to the Stipulated
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Protective Order. Any and all of Dr. Rappaport's reports, notes, charts, and other documents will
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not be provided to any individual or entity outside of this litigation.
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6.
While testifying at trial, Dr. Rappaport may refer to a particular response or
answer given by Plaintiff in response to any written testing device administered by the examiner.
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The entire mental health exam shall be conducted during normal business hours,
with an hour for lunch plus appropriate breaks, and shall last no more than seven hours.
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This stipulation is being entered into pursuant to Federal Rule of Civil
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Procedure 35, and, except as expressly provided in the stipulation, the examination will be
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conducted pursuant to Federal Rule of Civil Procedure 35.
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STIPULATION RE FRCP 35 EXAMINATION
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Case No. C10-03856-PJH
9.
A copy of this stipulation shall be forwarded to Dr. Rappaport and Dr. Rappaport
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shall acknowledge, in writing, that he will conduct the mental examination pursuant to the terms
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of this stipulation.
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IT IS SO STIPULATED.
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DATED: November 8, 2011
SEYFARTH SHAW LLP
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By /s/ Andrea N. de Koning
Andrea N. de Koning
Attorneys for Defendant
COHEN & STEERS CAPITAL
MANAGEMENT, INC.
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DATED: November 15, 2011
SHEA LAW OFFICES
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By /s/ Mary Shea Hagebols
Mary Shea Hagebols
Attorney for Plaintiff Janet Haley
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DATED: November 15, 2011
VAN DE POEL LEVY & ALLEN LLP
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By /s/ Jeffrey William Allen
Jeffrey Willam Allen
Attorneys for Plaintiff Janet Haley
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AKIN GUMP STRAUSS HAUER & FELD
LLP
DATED: November 15, 2011
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By /s/ Catherine A. Conway
Catherine A. Conway
Attorneys for Defendant David Edlin
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ORDER
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It is hereby ORDERED that Plaintiff Janet Haley submit to a mental examination
performed by Dr. Bernard Rappaport on December 20, 2011 at 9:00 a.m. at 3 Altarinda Road,
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STIPULATION RE FRCP 35 EXAMINATION
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Case No. C10-03856-PJH
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Suite 207, Orinda, CA 94563 pursuant Rule 35 of the Federal Rules of Civil Procedure and the
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terms of the above stipulation.
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IT IS SO ORDERED.
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R NIA
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RDERE
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IT IS S
13952666v.1
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hyllis
Judge P
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lton
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DISCOVERY MATTERS SHOULD GO
TO MAGISTRATE JUDGE LAPORTE
IN THE FUTURE.
A
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United States District Court Judge
UNIT
ED
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DATED:
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11/17/11
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STIPULATION RE FRCP 35 EXAMINATION
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Case No. C10-03856-PJH
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