Mamunes v. The Signature Condominiums LLC dba Teh Signature at MGM Grand

Filing 20

ORDER Granting 17 Stipulation Regarding Rule 35 Exam. Signed by Magistrate Judge Peggy A. Leen on 04/03/2017. (Copies have been distributed pursuant to the NEF - NEV)

Case 2:16-cv-01869-JCM-PAL Document 17 Filed 03/17/17 Page 1 of 3
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SAO
JONATHAN T. REMMEL, Esq. (8627)
[e-mail]
REMMEL LAW FIRM
6900 Westcliff Drive, Ste 504
Las Vegas, NV 89145
Ph. [phone]
Fx. [phone]
Attorney for Plaintiff,
DINA MAMUNES

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA, SOUTHERN DIVISION

A Professional Corporation

Remmel Law Firm

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DINA MAMUNES,
Civil Action No.: 2:16-CV-01869-JCM-(PAL)

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Plaintiff,
vs.
THE SIGNATURE CONDOMINIUMS,
LLC dba THE SIGNATURE AT MGM
GRAND, et al.,

STIPULATION AND ORDER
REGARDING RULE 35 EXAM

Defendants.
Plaintiff

DINA

MAMUNES

(“Plaintiff”)

and

Defendant

THE

SIGNATURE

CONDOMINIUMS LLC dba THE SIGNATURE AT MGM GRAND (“Defendant”), by and
through their respective attorneys, stipulate and agree as follows:

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1. Plaintiff’s Rule 35 defense medical examination (“examination”) shall be conducted on

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March 22, 2017, at 9:00 a.m. by Dr. Andrew Cash, M.D. (“defense medical examiner”).

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No other medical doctor, physician, surgeon, chiropractor, defense attorney, adjuster or
insurance representative shall be present during the examination.

If necessary, the

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defense medical examiner may utilize a female member of his medical staff to assist

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during the examination;

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Case 2:16-cv-01869-JCM-PAL Document 17 Filed 03/17/17 Page 2 of 3
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A Professional Corporation

Remmel Law Firm

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2. Defendant will provide the defense medical examiner with Plaintiff’s medical records, as
disclosed by Plaintiff pursuant to Rule 26, to determine the body parts at issue and the
scope of the examination. Plaintiff is not required to bring any medical records, medical
billings, or diagnostic film(s) with her to the examination;
3. Any paperwork or forms that Defendant or the defense medical examiner require for the
examination shall be submitted to Plaintiff’s counsel no later than two (2) days prior to
the date of the examination.
4. The physical portion of the examination shall be completed within two (2) hours and
must be conducted in Clark County, Nevada;
5. The examination shall be exclusively limited to the physical conditions that Plaintiff has
placed in controversy and nothing more. The defense medical examiner shall not make
any inquiry regarding liability or comparative fault;
6. No x-rays, CT scans, or MRI’s shall be taken of the Plaintiff during the examination;
7. The defense medical examiner shall not render any medical treatment to the Plaintiff;
8. The examination is not to be utilized as a mental or psychological examination of the
Plaintiff;
9. The defense medical examiner shall be provided with a copy of this stipulation prior to
the Plaintiff’s examination;
10. Twenty (20) days following the examination, Defendants shall be provide Plaintiff’s

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counsel with a copy of any and all reports and writings (i.e., notes) generated by the

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defense medical examiner, including, but not limited to: a detailed written report of the

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examiner setting out all of the examiner’s findings, including results of all tests made,
diagnoses, and conclusions, together with like reports of all earlier examinations of the
same condition;

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Case 2:16-cv-01869-JCM-PAL Document 17 Filed 03/17/17 Page 3 of 3
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A Professional Corporation

Remmel Law Firm

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11. Plaintiff shall not pay or incur any fee for the examination and shall use her best efforts to
appear at the office of the defense medical examiner at the scheduled date and time. If
Plaintiff cannot appear for the examination, she will provide adequate notice the parties
and will agree to reschedule the examination;
DATED this 17th day of March, 2017.

DATED this 17th day of March, 2017.

REMMEL LAW FIRM

LEWIS BRISBOIS BISGAARD & SMITH, LLP

By: /s/ Jonathan T. Remmel
JONATHAN T. REMMEL, Esq. (8627)
6900 Westcliff Dr, Ste 504
Las Vegas, Nevada 89145
Attorney for Plaintiff,
DINA MAMUNES

By: /s/ Blake A. Doerr
Blake A. Doerr, Esq. (9001)
6385 S. Rainbow Blvd., Suite 600
Las Vegas, NV 89118
Attorney for Defendants,
THE SIGNATURE CONDOMINUIMS, LLC. dba
THE SIGNATURE AT MGM GRAND

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ORDER
IT IS SO ORDERED.
__________________________________
__________________________________
______ _
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District Court
District Court
tr c o

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DATED this

day of

2017.

Submitted by:
REMMEL LAW FIRM

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/s/ Jonathan T. Remmel
JONATHAN T. REMMEL, Esq. (8627)
6900 Westcliff Drive, Ste 504
Las Vegas, NV 89145
Attorney for Plaintiff,
DINA MAMUNES

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