Doyle v. Santa Clara County et al

Filing 21

STIPULATION AND ORDER re 20 Plaintiff's Physical Examination. Signed by Magistrate Judge Howard R. Lloyd on 1/3/2012. (hrllc2, COURT STAFF) (Filed on 1/3/2012)

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MIGUEL MÁRQUEZ, County Counsel (S.B. #184621)
GREGORY J. SEBASTINELLI, Deputy County Counsel (S.B. #104884)
OFFICE OF THE COUNTY COUNSEL
70 West Hedding, East Wing, 9th Floor
San Jose, California 95110-1770
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
COUNTY OF SANTA CLARA
and SAMY TARAZI

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ROBERT DOYLE,

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Plaintiff,
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v.
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SANTA CLARA COUNTY; SAMY
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TARAZI; and DOES 1-10,
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Defendants.
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__________________________________)

No. C11-02260 EJD
STIPULATION AND ORDER FOR
PHYSICAL EXAMINATION
(FRCP Rule 35)
[Re: Docket No. 20]

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The parties hereby stipulate and agree to an order requiring Plaintiff, Robert Doyle, to

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appear on February 2, 2012, at 10:00 a.m., at 14601 S. Bascom Avenue, Ste. 200, Los Gatos,

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California, telephone: [phone], for a physical examination to be conducted by Ronald

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Joseph, M.D., Ph.D., an orthopedic surgeon.

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Further, at the time of this physical examination Plaintiff shall answer all proper questions

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submitted to him by the examiner for the purpose of making a proper diagnosis of Plaintiff’s

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condition and to determine the nature of Plaintiff’s injuries and residuals, including questions

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related to medical and occupational history, past and present. Special attention will be placed

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on the areas of concern as indicated by Plaintiff during the course of this examination and from

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Dr. Joseph’s review of the available medical records.

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//

M IG U E L M Á R Q U E Z
C o u n ty C o u n s e l
C o u n ty o f S a n ta C la r a
S a n Jo se , C a lifo rn ia

Stipulation and Order for Physical Examination

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C11-02260 EJD

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Further, Plaintiff understands and agrees that failure to keep this appointment may

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prejudice his case and he may be held liable for any costs incurred, including appointment

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cancellation charges, if he is unable to make the appointment and the physician’s office is not

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notified within 72 hours before the scheduled appointment. Defendants County of Santa Clara

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and Samy Tarazi agree to bear the costs of this examination without prejudice to their right to

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seek recovery of such costs should they prevail in this case.

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I hereby attest that I have on file all holograph signatures for any signatures indicated by a
“conformed” signature (/S/) within this efiled document.

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MIGUEL MÁRQUEZ
County Counsel

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Dated: December 6, 2011

By:

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/S/
GREGORY J. SEBASTINELLI
Deputy County Counsel
Attorneys for Defendants
COUNTY OF SANTA CLARA AND
SAMY TARAZI

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Dated: December 6, 2011

By:

/S/
MARK MARTEL, ESQ.

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Attorneys for Plaintiff
ROBERT DOYLE

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ORDER

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IT IS SO ORDERED:

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January 3, 2012
Dated:____________________

___________________________________
HOWARD R. LLOYD
United States Magistrate Judge

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M IG U E L M Á R Q U E Z
C o u n ty C o u n s e l
C o u n ty o f S a n ta C la r a
S a n Jo se , C a lifo rn ia

503618.wpd

Stipulation and Order for Physical Examination

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C11-02260 EJD