T.R. v. Howard et al

Filing 117

STIPULATED ORDER by Magistrate Judge Stephan M. Vidmar granting 116 Defendant LCPS's Unopposed Motion for Mental Health Examination of Plaintiff T.R. (nlb)

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Case 2:20-cv-00276-GBW-SMV Document 117 Filed 05/06/22 Page 1 of 4 UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO T.R., Plaintiff, v. No. 2:20-cv-00276-GBW-SMV PATRICK HOWARD; DANA CRITCHLOW; GREGORY A. EWING; and LAS CRUCES PUBLIC SCHOOLS, Defendants, and TEACHERS INSURANCE COMPANY, Plaintiff-in-Intervention, v. T.R. and PATRICK HOWARD, Defendants-in-Intervention. STIPULATED ORDER GRANTING DEFENDANT LCPS’S UNOPPOSED MOTION FOR MENTAL HEALTH EXAMINATION OF PLAINTIFF T.R. THIS MATTER having come before the Court on Defendant Las Cruces Public Schools’ Unopposed Motion for Mental Health Examination of Plaintiff T.R., and the Court, having reviewed said Motion and, in particular, having noted that the Motion is unopposed, finds that it is well taken and should be granted. Def.’s Rule 35 Motion 1 Case 2:20-cv-00276-GBW-SMV Document 117 Filed 05/06/22 Page 2 of 4 IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that Plaintiff T.R. shall appear for a mental health examination with Defendant’s chosen expert, clinical psychologist Edward Siegel, Ph.D. This mental health examination is scheduled for May 9, 2022, at 1:00 p.m. at the office of Marc A. Caplan, PhD, 637 N. Alameda Blvd., Las Cruces, NM 88005. The scope of Dr. Siegel’s mental health examination will include an interview of Plaintiff T.R. and two formal tests: Personality Assessment Inventory (PAI), and Rorschach. The interview portion of the examination will discuss Plaintiff’s history, the impact of the incidents at issue on Plaintiff, how the incident is still bothering Plaintiff, the substance of Plaintiff’s post-incident psychological treatment and the current status of that treatment, Plaintiff’s use of medications and Plaintiff’s support groups and mechanisms. Dr. Siegel will also review relevant records. The parties have agreed that Plaintiff T.R. shall have a neutral observer, Ms. Kat Mosier, attend the mental health examination, at Plaintiff’s expense. This neutral observer shall not make comments, take notes or record the examination, or in any way attempt to interfere or influence the examination. This observer may not be called as a witness in this case absent extraordinary circumstances. “Extraordinary circumstances” shall not include disputes about what was said or done by Plaintiff T.R. or Dr. Siegel during the normal course of a mental health examination. IT IS SO ORDERED. __________________________________________ HONORABLE STEPHAN M. VIDMAR UNITED STATES MAGISTRATE JUDGE Def.’s Rule 35 Motion 2 Case 2:20-cv-00276-GBW-SMV Document 117 Filed 05/06/22 Page 3 of 4 APPROVED: ATWOOD, MALONE, TURNER & SABIN, P.A. By Electronically Submitted on 05/06/22_/s/ Bryan Evans Bryan Evans Barbara Evans Jacqueline Miller P.O. Drawer 700 Roswell, NM 88202-0700 (575) 622-6221 Attorneys for Defendant LCPS McGRAW & ASSOCIATES, LLC By Electronically Approved on 05/06/22 /s/ Mollie McGraw Mollie McGraw Amanda S. Carmody 165 W. Lucero Ave. Las Cruces, NM 88005 (575) 523-4321 Attorneys for Plaintiff STIFF, GARCIA & ASSOCIATES, LLC By Telephonically Approved on 05/06/22 /s/_John S. Stiff John S. Stiff H. Nicole Werkmeister, Of Counsel Julia Y. Parsons 500 Marquette Ave., N.W., Suite 1400 Albuquerque, NM 87102-5312 (505) 243-5755 Attorneys for Defendant Howard Def.’s Rule 35 Motion 3 Case 2:20-cv-00276-GBW-SMV Document 117 Filed 05/06/22 Page 4 of 4 JARMIE & ROGERS, P.C. By Electronically Approved on 05/06/22 /s/ Cody R. Rogers Cody R. Rogers P.O. Box 344 Las Cruces, NM 88004-0344 (575) 288-1453 Attorneys for Defendant Howard JIM DARNELL, P.C. By Electronically Approved on 05/06/22 /s/ Jim “Jeep” Darnell Jim “Jeep” Darnell 310 N. Mesa St., Suite 212 El Paso, TX 79901 (915) 532-2442 Attorneys for Defendant Howard BUTT, THORNTON & BAEHR, P.C. By Electronically Approved on 05/06/22 /s/ Minal P. Unruh Minal P. Unruh Stephanie J. Schneider P.O. Box 3170 Albuquerque, NM 87190-3170 (505) 884-0777 Attorneys for Teachers Insurance Company Def.’s Rule 35 Motion 4

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