Salazar v. Target Corporation

Filing 22

ORDER granting ECF No. 21 Stipulation and Order for Independent Medical Exam. Signed by Magistrate Judge George Foley, Jr on 12/10/2018. (Copies have been distributed pursuant to the NEF - LH)

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SAO
COGBURN LAW OFFICES
Jamie S. Cogburn, Esq.
Nevada State Bar No. 8409
[e-mail]
Joseph J. Troiano, Esq.
Nevada State Bar No. 12505
[e-mail]
2580 St. Rose Parkway, Suite 330
Henderson, Nevada 89074
Telephone [phone]
Facsimile [phone]
Attorneys for Plaintiff

COGBURN LAW OFFICES

UNITED STATES DISTRICT COURT

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2580 St. Rose Pkwy., Ste. 330, Henderson, NV 89074
Phone: [phone] | Fax: [phone]

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DISTRICT COURT OF NEVADA

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MARIA SALAZAR,
Plaintiff,

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vs.

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Case Number:
2:18-cv-01039-MMD-GWF

TARGET CORPORATION, a foreign
corporation; DOE Individuals 1-10; DOE
Employees 11-20; and ROE Corporations
21-30;

STIPULATION AND ORDER FOR
INDEPENDENT MEDICAL EXAM

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Defendants.
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Come now the Parties and Stipulate and agree as follows. The Defendant has requested,

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and Plaintiff has agreed to undertake, an independent medical exam (“IME”) under the

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conditions outlined below:
1.

The examiner will treat the Plaintiff with respect.

2.

On December 17, 2018 at 1:30 p.m., which is thirty minutes prior to the scheduled NRCP

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35 Examination, the Plaintiff will present to the Offices of Nevada Orthopedic & Spine Center,

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located at 7455 W. Washington Avenue, Suite 160, Las Vegas, Nevada 89128, for the

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examination by Dr. Rimoldi. The Plaintiff will present at said time and place with a fully

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completed Informed Consent Form and Nevada Orthopedic & Spine Center Medical History

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form, both forms having previously been provided to Plaintiff’s counsel.

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paperwork should be provided to Plaintiff’s Counsel at least 10 days in advance of the

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Any additional

examination.

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3.

The examiner will retain all handwritten notes, e-mails, sent and received, and all

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COGBURN LAW OFFICES

2580 St. Rose Pkwy., Ste. 330, Henderson, NV 89074
Phone: [phone] | Fax: [phone]

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documents generated or received, including draft reports, related to the examination.
4.

No later than 14 days following receipt of the examiner’s report by Defense Counsel,

Defense Counsel will provide a copy of this report to Plaintiff’s counsel.
5.

The examiner will not speak with or attempt to engage any family member or friend who

may accompany the Plaintiff to the examination.
6.

The examiner will accurately report the findings and test results.

7.

Neither defense counsel, nor plaintiff’s counsel, nor any other representatives, will attend

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the examination.
8.

The examination will not last longer than 90 minutes unless extraordinary circumstances

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are presented to Plaintiff’s Counsel in writing at least 10 days prior to the examination setting

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forth the justification for additional time.

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9.

The Plaintiff will not be required to wait in the examiner’s waiting room for longer than

60 minutes before commencement of the examination.

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10.

Liability questions may not be asked by the examining physician or any agent or

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representative of the examining physician.
11.

No x-rays or radiographs may be obtained during the examination. If additional film

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studies are necessary for the examination, please detail in writing why such studies are necessary

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and the protocol for conducting such radiographic studies, and the issue may be revisited.

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Page 2 of 4

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12.

If the examining physician subjects the Plaintiff to physically intrusive or painful

procedures, the Plaintiff reserves the right to immediately terminate the examination and contact
the Discovery Commissioner.

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13.

No invasive procedures are allowed.

14.

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

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No “waist up” disrobement will be required unless the DME determines that such disrobement is

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crucial to conducting the examination, and the examiner requires his own patients to disrobe for

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similar orthopedic examinations. Any disrobement requirement will be provided in writing at

COGBURN LAW OFFICES

2580 St. Rose Pkwy., Ste. 330, Henderson, NV 89074
Phone: [phone] | Fax: [phone]

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least 10 days prior the examination.
15.

If the examining physician is the opposite sex as the Plaintiff, a medical assistant of the

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same sex will be required to be present at all times during the examination.
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16.

The examining physician will not contact Plaintiff’s treating healthcare providers to

discuss Plaintiff’s treatment.
17.

The examiner acknowledges that his deposition may be taken in this case, and he will

reasonably cooperate with the scheduling of his deposition.
18.

The examiner will not have provided any verbal opinions following a records review to

Defendant’s Counsel, prepared any written report for Defendant’s Counsel, or formed any
…

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…

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opinions regarding the nature, extent or causation of Plaintiff’s injuries prior to conducting the

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examination.

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IT IS SO STIPULATED:

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DATED this 7th day of December, 2018.

DATED this 7th day of December, 2018.

COGBURN LAW OFFICES

PERRY & WESTBROOK, P.C.

By: /s/ Joseph J. Troiano, Esq.
Jamie S. Cogburn, Esq.
Nevada Bar No. 8409
Joseph J. Troiano, Esq.
Nevada Bar No. 12505
2580 St. Rose Parkway, Suite 330
Henderson, Nevada 89074
Attorneys for Plaintiff

By: /s/ Alan W. Westbrook, Esq.
Alan W. Westbrook, Esq.
Nevada Bar No. 06167
1701 West Charleston Boulevard, Suite 200
Las Vegas, Nevada 89102
Attorney for Defendant

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COGBURN LAW OFFICES

2580 St. Rose Pkwy., Ste. 330, Henderson, NV 89074
Phone: [phone] | Fax: [phone]

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ORDER

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IT IS SO ORDERED.

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Dated this 10th day of December, 2018.
____

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UNITED STATES MAGISTRATE JUDGE
SUBMITTED BY:
COGBURN LAW OFFICES

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/s/ Joseph J. Troiano, Esq.
Jamie S. Cogburn, Esq.
Nevada Bar No. 8409
Joseph J. Troiano, Esq.
Nevada Bar No. 12505
2580 St. Rose Parkway, Suite 330
Henderson, Nevada 89074
Attorneys for Plaintiff

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