C.H. v. Howard et al

Filing 118

STIPULATED ORDER by Magistrate Judge Stephan M. Vidmar GRANTING 116 Defendant LCPS's Unopposed Motion for Mental Health Examination of Plaintiff C.H. (nlb)

Case 2:21-cv-00574-MV-SMV Document 118 Filed 05/06/22 Page 1 of 4

UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO

C.H.,
Plaintiff,
v.

No. 2:21-cv-00574-MV-SMV

PATRICK HOWARD; DANA CRITCHLOW;
GREGORY A. EWING; and LAS CRUCES
PUBLIC SCHOOLS,
Defendants,
and
TEACHERS INSURANCE COMPANY,
Plaintiff-in-Intervention,
v.
C.H. and PATRICK HOWARD,
Defendants-in-Intervention.

STIPULATED ORDER GRANTING DEFENDANT LCPS’S UNOPPOSED MOTION
FOR MENTAL HEALTH EXAMINATION OF PLAINTIFF C.H.

THIS MATTER having come before the Court on Defendant Las Cruces Public Schools’
Unopposed Motion for Mental Health Examination of Plaintiff C.H., 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.
IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that Plaintiff C.H. shall
appear for a mental health examination with Defendant’s chosen expert, clinical psychologist

Def.’s Rule 35 Motion 1

Case 2:21-cv-00574-MV-SMV Document 118 Filed 05/06/22 Page 2 of 4

Edward Siegel, Ph.D. This mental health examination is scheduled for May 9, 2022, at 10:30 a.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
C.H. 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 postincident 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 C.H. 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 C.H. 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 2:21-cv-00574-MV-SMV Document 118 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
[phone]
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
[phone]
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
[phone]
Attorneys for Defendant Howard

Def.’s Rule 35 Motion 3

Case 2:21-cv-00574-MV-SMV Document 118 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
[phone]
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
[phone]
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
[phone]
Attorneys for Teachers Insurance Company

Def.’s Rule 35 Motion 4