Key v. HNJ Miracle Mile, LLC

Filing 28

ORDER granting 27 Stipulation Regarding FRCP 35 Medical Examination of Plaintiff. Signed by Magistrate Judge Elayna J. Youchah on 11/19/2021. (Copies have been distributed pursuant to the NEF - DRS)

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Gina M. Corena, Esq.
Nevada Bar No. 10330
[e-mail]
Betsy C. Jefferis-Aguilar, Esq.
Nevada Bar No. 12980
[e-mail]
GINA CORENA & ASSOCIATES
300 S. Fourth Street, Suite 1250
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
BERNADETTE EILEEN KEY, an individual,

CASE NO. 2:21-cv-01354-JCM-EJY

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Plaintiff,
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v.

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HNJ MIRACLE MILE L.L.C., a Domestic
Limited-Liability Company; DOE EMPLOYEES
OF HNJ MIRACLE MILE L.L.C.; DOES I
through X; and ROE Corporations I through X,
inclusive,

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STIPULATION AND ORDER
REGARDING FRCP 35 MEDICAL
EXAMINATION OF PLAINTIFF
BERNADETTE EILEEN KEY

Defendants.

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IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff

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BERNADETTE EILEEN KEY (“Plaintiff”) and Defendant HNJ MIRACLE MILE L.L.C., by

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and through their undersigned counsels of record, as to the terms of the medical examination of

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Plaintiff BERNADETTE EILEEN KEY (hereinafter “Plaintiff”) pursuant to FRCP 35 as

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follows:

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The medical examination pursuant to FRCP 35 (the “Examination”) shall be

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conducted by Mark Rosen, M.D. on January 13, 2022, at 1:15 p.m. located at Mark Rosen,

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M.D.’s office located at 2680 Crimson Drive, Las Vegas, NV 89128. Plaintiff must present a

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photo ID and will be asked to sign-in with Mark Rosen, M.D.’s staff.

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2.

Any and all paperwork that Plaintiff is required to complete as a part of the

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examination, including but not limited to intake forms and medical histories, shall be provided to

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Plaintiff at least two weeks prior to the examination.

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3.

Plaintiff will not be made to wait for the examination to begin for more than 120

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minutes. However, should Plaintiff be made to wait 120 minutes, Plaintiff’s counsel will contact

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Defendant’s counsel so that Defendant’s counsel can make a good faith effort to remedy the

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issue regarding Plaintiff’s extended wait time.

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4.

The examining physician and/or his staff may ask Plaintiff how the incident

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occurred.

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5.

No other party, or representative thereof, may be present at the examination.

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6.

No other medical professional, including physicians, surgeons, or chiropractors,

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may be present at or participate in the examination. However, if necessary, members of the

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examining physician’s staff may be used to assist in the examination.

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Plaintiff in the course of the examination.

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No CT Scans, MRI’s, X-rays, or other diagnostic imaging shall be performed on

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No recording audio or visual shall be performed on Plaintiff in the course of the

examination.

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9.

The examining physician shall not engage in ex parte contact with Plaintiff’s

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treating health care providers.

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10.

The examining physician will retain and produce any materials related to the

examination required under the Federal Rules of Civil Procedure.

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DATED this 18th day of November 2021.

DATED this 18th day of November 2021.

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GINA CORENA & ASSOCIATES

THORNDAL ARMSTRONG DELK
BALKENBUSH & EISINGER

/s/ Betsy C. Jefferis-Aguilar
______________________________
Gina M. Corena, Esq.
Nevada Bar No. 10330
Betsy C. Jefferis-Aguilar, Esq.
Nevada Bar No. 12980
300 S. Fourth Street, Suite 1250
Las Vegas, Nevada 89101
Attorneys for Plaintiff

/s/ Gregory M. Schulman
___________________
________
Gregory M. Schulman, Esq.
Nevada State Bar No. 5766
1100 East Bridger Avenue
Las Vegas, NV 89101-5315
Attorneys for Defendant

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ORDER

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IT IS SO ORDERED.
Dated this 19th day of November, 2021.

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UNITED STATES MAGISTRATE JUDGE

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Respectfully submitted by

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GINA CORENA & ASSOCIATES

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/s/ Betsy C. Jefferis-Aguilar
__________________________
Gina M. Corena, Esq.
Nevada Bar No. 10330
Betsy C. Jefferis-Aguilar, Esq.
Nevada Bar No. 12980
300 S. Fourth Street, Suite 1250
Las Vegas, Nevada 89101
Attorneys for Plaintiff

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