Saad et al v. Dearborn Heights, City of et al

Filing 41

STIPULATED ORDER re 34 Motion to Compel. Signed by Magistrate Judge Mark A. Randon. (Miles, M)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JOSEPH SAAD, INDIVIDUALLY, ZIHRA SAAD,
INDIVIDUALLY,

CIVIL CASE NO. 2:11-CV-10103

PLAINTIFFS,

- VS
CITY OF DEARBORN HEIGHTS, ET AL.,

STIPULATED ORDER FOR PHYSICAL
EXAMINATION AND OTHER DISCOVERY

DEFENDANTS.

- MAGISTRATE JUDGE MARK A. RANDON -

- HONORABLE PATRICK J. DUGGAN –

HADOUSCO. |PLLC
NEMER N. HADOUS |AZ: 027529 | CA: 264431|
UNITED STATES COURTS:
- SIXTH CIRCUIT COURT OF APPEALS
- DISTRICT OF ARIZONA
- EASTERN DISTRICT OF MICHIGAN
835 MASON STREET, SUITE 150-A
DEARBORN, MICHIGAN 48124
P: [phone]
F: [phone]
E: [e-mail]

CUMMINGS, MCCLOREY, DAVIS & ACHO, PLC
JEFFREY R. CLARK |P-33074|
33900 SCHOOLCRAFT ROAD
LIVONIA, MICHIGAN 48150
P: [phone]
E: [e-mail]
ATTORNEY FOR DEFENDANTS

ATTORNEY FOR PLAINTIFFS
JOSEPH SAAD AND ZIHRA SAAD

PUCKETT & FARAJ, PC
HAYTHAM FARAJ |P-72581|
835 MASON STREET, SUITE 150-A
DEARBORN, MICHIGAN 48124
P: [phone]
E: [e-mail]
ATTORNEY FOR PLAINTIFFS
JOSEPH SAAD AND ZIHRA SAAD

STIPULATED ORDER FOR PHYSICAL EXAMINATION AND OTHER DISCOVERY

11-10103-STIP

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The parties, by counsel, hereby stipulate as follows:

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IT IS HEREBY ORDERED that Plaintiffs Joseph Saad and Zihra Saad shall attend a

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medical examination requested by Defendants with Dr. Harvey Ager, M/D/, P.C. Carson Centre,

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29355 Northwestern Highway, Suite 140, Southfield, Michigan 48034.

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IT IS FURTHER ORDERED:

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1.

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less than 10 days prior to the first scheduled exam.

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Plaintiffs will be provided with a current copy of Dr. Ager's curriculum vitae no

2.

Any person assisting Dr. Ager must be fully identified by full name and title to

Plaintiff and in any written report.

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3.

No diagnostic test or procedure that is invasive will be allowed.

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4.

Plaintiffs will not sign any paperwork or fill out any paperwork at Dr. Ager's

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office, including "patient information forms" or "consent forms" since Plaintiffs are not a patient

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at Dr. Ager's office and are consenting to this examination only pursuant to the requirements of

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the Federal Rules of Civil Procedure.

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5.

Dr. Ager must be provided with a copy of the Order prior to the examination.

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6.

The total time for each examination and testing will not exceed three hours. If

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any period of time exceeding forty-five minutes goes by when Plaintiffs are not being examined,

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either by the doctor or his staff, then Plaintiffs will be free to leave.

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7.

Plaintiffs shall receive a copy of all reports and writings generated by the doctor

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in this matter under Fed. R. Civ. P. 35, including a copy of a detailed report with results of all

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tests made, diagnoses, prognosis and conclusions of the examiner, all record review reports,

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billings, notes, within 30 days following the examination.

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8.

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Defendants will stipulate to a deposition of Dr. Ager after Plaintiffs are provided

them.

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Plaintiffs are not required to bring any records or x-rays or other testing with

with the items under paragraph 8 above (as it will probably occur after the discovery deadline).

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10.

Plaintiffs will provide Defendants with executed copies of the medical

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authorization forms Defendants have requested within five (5) days of the date of entry of this

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Order.

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11.

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providers.
11-10103-STIP

Plaintiffs will provide Defendants with the names of two omitted medical

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12.

Plaintiffs will supplement their responses to Defendants’ Interrogatories as

requested by Defendants in their correspondence dated December 7, 2011.

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SO ORDERED.

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s/Mark A. Randon
Mark A. Randon
United States Magistrate Judge
Dated: December 15, 2011

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Certificate of Service
I hereby certify that a copy of the foregoing document was served on the parties of record on this date,
December 15, 2011, electronically.

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s/Melody R. Miles

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Case Manager Magistrate Judge Mark A. Randon

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[phone]

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APPROVED AS TO SUBSTANCE AND FORM THIS 9TH DAY OF DECEMBER, 2011,

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HADOUSCO. |PLLC

/S/NEMER N. HADOUS
‘
NEMER N. HADOUS
|AZ: 027529 | CA: 264431|
UNITED STATES COURTS:
- SIXTH CIRCUIT COURT OF APPEALS
- DISTRICT OF ARIZONA
- EASTERN DISTRICT OF MICHIGAN
835 MASON STREET, SUITE 150-A
DEARBORN, MICHIGAN 48126
P: [phone]
F: [phone]
E: [e-mail]
ATTORNEY FOR PLAINTIFFS
JOSEPH SAAD AND ZIHRA SAAD

11-10103-STIP

CUMMINGS, MCCLOREY, DAVIS, & ACHO PLC

/S/JEFFREY R. CLARK
JEFFREY R. CLARK |P-33074|
33900 SCHOOLCRAFT ROAD
LIVONIA, MICHIGAN
P: [phone]
E: [e-mail]
ATTORNEY FOR DEFENDANTS

‘