Azeltine v. The Vons Companies, Inc.

Filing 19

ORDER Granting 18 Stipulation Regarding Agreed FRCP 35 Examination Parameters. Signed by Magistrate Judge Nancy J. Koppe on 10/27/16. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:16-cv-01193-APG-NJK Document 18 Filed 10/26/16 Page 1 of 3

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LEW BRANDON, JR., ESQ.
Nevada Bar No. 5880
KRIS D. KLINGENSMITH, ESQ.
Nevada Bar No. 13904
MORAN BRANDON BENDAVID MORAN
630 S. Fourth Street
Las Vegas, Nevada 89101
[phone]
[phone] - facsimile
[e-mail]
Attorneys for Defendant,
THE VONS COMPANIES, INC.
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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MELISSA SUE MARIE AZELTINE,
CASE NO.: 2:16-cv-01193-APG-NJK
Plaintiff,

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v.

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THE VONS COMPANIES INC.,
individually and dba VONS #1795, a
Foreign corporation; DOES I through X,
inclusive and ROE CORPORATIONS I
through X, inclusive,

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Defendants.
STIPULATION AND ORDER REGARDING AGREED
FRCP 35 EXAMINATION PARAMETERS

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IT IS HEREBY STIPULATED AND AGREED TO by, Defendant, THE VONS

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COMPANIES, INC., individually and dba VONS #1795, by and through its undersigned

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attorneys, LEW BRANDON, JR., ESQ. and KRIS D. KLINGENSMITH, ESQ., of MORAN

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BRANDON BENDAVID MORAN, and Plaintiff, MELISSA SUE MARIE AZELTINE, by and

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through his undersigned attorney, JOEL S. HENGSTLER, ESQ., of THE 702 FIRM, that the

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following parameters shall apply to the FRCP 35 Examination of Plaintiff to be conducted by
Dr. Reynold Rimoldi, M.D., in the above entitled matter:

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Case 2:16-cv-01193-APG-NJK Document 18 Filed 10/26/16 Page 2 of 3

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1.

The examination shall last no longer than two (2) hours.

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2.

The examination shall be limited to those conditions of the Plaintiff that are in

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controversy in this particular action as documented by Plaintiff’s treating physicians and

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medical experts; and to those areas of Plaintiff’s body that the examining physician deems
relevant to the conditions of the Plaintiff that are in controversy.
3.

The examining doctor will be provided with a copy of this Stipulation prior to

the examination.
4.

Defendant shall produce the examining physician’s report pursuant to the

applicable Discovery Scheduling Order and NRCP 16.1.
5.

Plaintiff is responsible for and will incur a fee for failure to appear at the

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scheduled examination or for a failure to provide notice of cancellation more than 48 hours

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before said examination.

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6.

Plaintiff will fill out forms provided by the examining physician that relates to

her physical condition and injuries sustained in the subject incident and related prior incidents.

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7.

The Plaintiff shall not answer any questions which pertain to issues of liability.

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Any forms to be completed by Plaintiff will be provided to Plaintiff’s counsel ten

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days prior to the examination and will be returned to defense counsel no later than 24 hours

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prior to the examination.

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9.

No other persons shall be present during the examination other than the Plaintiff,

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and the designated physician and members of his staff.
10.

No diagnostic tests or procedures that are painful, protracted or intrusive, or

unreasonably invasive shall be conducted.

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Case 2:16-cv-01193-APG-NJK Document 18 Filed 10/26/16 Page 3 of 3

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11.

Plaintiff will not to undergo any diagnostic imaging test at the examination;

Plaintiff will not be expected to appear to the examination with any diagnostic imaging.
12.

Defendant is responsible for providing the examining physician with Plaintiff’s

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diagnostic imaging.
13.

No video or audio recording of examination.

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Plaintiff will not be required to disrobe from the waist down during the

examination. Plaintiff shall wear loose-fitting shorts or pants to the examination to prevent the
need for disrobing.
15.

This examination is being conducted pursuant to FRCP 35 and the parties and

examining physician agree to comply with the provisions of FRCP 35.
DATED this 26th day of October, 2016.
THE 702 FIRM

MORAN BRANDON BENDAVID MORAN

/s/ Joel S. Hengstler, Esq.
JOEL S. HENGSTLER, ESQ.
Nevada Bar No. 11597
400 S. 7th Street, Suite 400
Las Vegas, Nevada 89101
Attorney for Plaintiff,
MELISSA SUE MARIE AZELTINE

/s/ Lew Brandon, Jr., Esq.
LEW BRANDON, JR., ESQ.
Nevada Bar No. 5880
KRIS D. KLINGENSMITH, ESQ.
Nevada Bar No. 13904
630 S. Fourth Street
Las Vegas, Nevada 89101
Attorneys for Defendant,
THE VONS COMPANIES, INC.

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IT IS SO ORDERED.

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____________________________
U.S. Magistrate Judge

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October 27, 2016
Dated:_______________________

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