Yuan et al v. Maytag Corporation et al

Filing 25

STIPULATION AND ORDER Granting Request for Mental Examination Pursuant to Federal Rules of Civil Procedure, Rule 35 re 24 Stipulation. Signed by Judge Edward J. Davila on 6/8/2011. (ecg, COURT STAFF) (Filed on 6/8/2011)

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1 2 3 4 5 BRUCE NYE, SBN 77608 ADAMS I NYE I BECHT LLP 222 Kearny Street, Seventh Floor San Francisco, California 94108-4521 Telephone: (415) 982-8955 Facsimile: (415) 982-2042 Attorneys for Defendant WHIRLPOOL CORPORA nON, MA YT AG CORPORA nON AND SEARS, ROEBUCK AND CO. 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 JACKIE 1IE YO, XINGCHAO CHUCK YUAN, 12 Plaintiffs, 13 vs. No. CVIO 4338 EJD STIPULATION AND ORDER FOR MENTAL EXAMINATION PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE, RULE 35 14 15 MA YTAG CORPORATION; WHIRLPOOL CORPORATION; SEARS ROEBUCK AND CO., and DOES 1 through 20, inclusive, 16 (Santa Clara County Superior Court No. 11OCV178528) Defendants. 17 18 19 IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES, through their 20 respective counsel, that Plaintiff Jackie Yu will appear for a mental examination by Dr. Paul S. D. 21 Berg, Ph.D, a licensed clinical psychologist, on July 20, 2011 at the hour of 10:00 a.m., at the doctor's 22 office located at 389 30th Street, 1st Floor, Oakland, CA 94609, Tel: (510) 893-3413 pursuant to 23 Federal Rules of Civil Procedure, Rule 35. 24 The examination is expected to last approximately six hours, and will consist of an interview 25 by Doctor Berg and administration of standard psychological tests. The tests Dr. Berg presently 26 anticipates administering are the MMPI-2, the MCMI III (the Millon test) and the 16PF test. Dr. Berg 27 may administer additional tests if the need for them is suggested by his interview with Ms. 28 III 1 STIPULATION AND ORDER FOR MENTAL EXAMINATION PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE, RULE 35 1 Yu. However, if any such additional tests are administered, they will not add to the length of the 2 examination and will be standardized, accepted psychological tests. 3 4 FILER'S ATTESTATION Pursuant to General Order No. 45, section X(B) regarding signatures, I attest under penalty of 5 perjury under the laws of the State of California that the concurrence in the filing of this document has 6 been obtained from its signatories. 7 DATED: June 7, 2011 I NYE I BECHT ADAM LLP 8 By 9 10 11 Is/Bruce Nye Attorneys for Defendants WHIRLPOOL CORPORATION, MA YT AG CORPORA nON AND SEARS, ROEBUCK AND CO. 12 13 DATED: June 7, 2011 14 FLYNN, ROSE & PERKINS Is/Susan D. Pelmulder Attorneys for Plaintiffs JACKIE JIE YU and XINGCHAO CHUCK YUAN By 15 16 17 ORDER 18 19 20 The Parties Having Stipulated thereto, IT IS SO ORDERED 21 8 DATED: June _, 2011 22 JUDGE OF THE UNITED STATES DISTRICT COURT 23 24 25 26 27 28 2 STIPULATION AND ORDER FOR MENTAL EXAMINA nON PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE, RULE 35

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