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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1 2 3 4 5 6 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: (408) 299-5900 Facsimile: (408) 292-7240 Attorneys for Defendants COUNTY OF SANTA CLARA and SAMY TARAZI 7 8 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 ROBERT DOYLE, ) ) Plaintiff, ) ) ) v. ) ) SANTA CLARA COUNTY; SAMY ) TARAZI; and DOES 1-10, ) ) Defendants. ) __________________________________) No. C11-02260 EJD STIPULATION AND ORDER FOR PHYSICAL EXAMINATION (FRCP Rule 35) [Re: Docket No. 20] 17 18 The parties hereby stipulate and agree to an order requiring Plaintiff, Robert Doyle, to 19 appear on February 2, 2012, at 10:00 a.m., at 14601 S. Bascom Avenue, Ste. 200, Los Gatos, 20 California, telephone: (408) 356-0464, for a physical examination to be conducted by Ronald 21 Joseph, M.D., Ph.D., an orthopedic surgeon. 22 Further, at the time of this physical examination Plaintiff shall answer all proper questions 23 submitted to him by the examiner for the purpose of making a proper diagnosis of Plaintiff’s 24 condition and to determine the nature of Plaintiff’s injuries and residuals, including questions 25 related to medical and occupational history, past and present. Special attention will be placed 26 on the areas of concern as indicated by Plaintiff during the course of this examination and from 27 Dr. Joseph’s review of the available medical records. 28 // 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 1 C11-02260 EJD 1 Further, Plaintiff understands and agrees that failure to keep this appointment may 2 prejudice his case and he may be held liable for any costs incurred, including appointment 3 cancellation charges, if he is unable to make the appointment and the physician’s office is not 4 notified within 72 hours before the scheduled appointment. Defendants County of Santa Clara 5 and Samy Tarazi agree to bear the costs of this examination without prejudice to their right to 6 seek recovery of such costs should they prevail in this case. 7 8 I hereby attest that I have on file all holograph signatures for any signatures indicated by a “conformed” signature (/S/) within this efiled document. 9 MIGUEL MÁRQUEZ County Counsel 10 11 Dated: December 6, 2011 By: 12 13 /S/ GREGORY J. SEBASTINELLI Deputy County Counsel Attorneys for Defendants COUNTY OF SANTA CLARA AND SAMY TARAZI 14 15 16 17 Dated: December 6, 2011 By: /S/ MARK MARTEL, ESQ. 18 Attorneys for Plaintiff ROBERT DOYLE 19 20 21 ORDER 22 23 IT IS SO ORDERED: 24 25 January 3, 2012 Dated:____________________ ___________________________________ HOWARD R. LLOYD United States Magistrate Judge 26 27 28 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 2 C11-02260 EJD

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