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)

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: [phone]
Facsimile: [phone]
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: [phone] 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