Hallowell v. Safeway, Inc et al

Filing 18

STIPULATION AND ORDER re: Plaintiff's Medical Examination pursuant to FRCP 35; Order re: Plaintiff's Medical Examination; re parties' 17 Stipulated Motion, signed by Judge Thomas S. Zilly. (SWT)

1

Judge Thomas S. Zilly

2
3
4
5
6
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

7
8
MARY HALLOWELL

NO. 2:16-cv-00972-TSZ

9
Plaintiff,
10
v.
11
SAFEWAY, INC.; JANE DOE, an individual

STIPULATION AND ORDER
REGARDING PLAINTIFF’S MEDICAL
EXAMINATION PURSUANT TO FRCP
35; ORDER RE: PLAINTIFF’S MEDICAL
EXAMINATION

12
Defendants.

IME Date: September 14, 2017

13
14
I.

15
16
17

STIPULATION AND MOTION

IT IS HEREBY STIPULATED by and between Plaintiff MARY HALLOWELL
(“Plaintiff”) and Defendant SAFEWAY, INC. (“Defendant”), by and through their respective

18

counsel, that Plaintiff will undergo a physical examination pursuant to Rule 35 of the Federal

19

Rules of Civil Procedure. Said examination will take place on September 14, 2017 and will be

20

conducted by Michael Hatzakis, M.D. commencing at 10:00 a.m. at Overlake Medical Clinics

21

located at 1740 NW Maple St., Ste 111, Issaquah, WA 98027.

22
This examination will be conducted for the purposes of determining the nature and
23
24
25

extent of Plaintiff’s physical injuries and the relationship thereof to the incident which is the
subject of this litigation (administration of an influenza vaccine), and will consist of all
STIPULATION AND ORDER REGARDING PLAINTIFF’S
MEDICAL EXAMINATION PURSUANT TO FRCP 35; ORDER RE:
PLAINTIFF’S MEDICAL EXAMINATION - 1
(2:16-cv-00972)
6195639.1

Williams, Kastner & Gibbs PLLC
601 Union Street, Suite 4100
Seattle, Washington 98101-2380
[phone]

1

necessary and customary activities required to make such a determination, including but not

2

limited to medical history, radiographic studies, history of the incident in question, and

3

physical examination and evaluation. Photographs of Plaintiff’s alleged injuries may be taken

4

for use at trial.

5
6
7

IT IS FURTHER STIPULATED that Defendant will provide Plaintiff a copy of a
detailed written report setting out the history, examinations, findings, including the results of

8

all tests made, diagnoses, prognoses, and conclusions of the examiner, Dr. Michael Hatzakis,

9

within 10 days upon Defendant’s receipt of the same.

10

Dated this 11th day of September, 2017

11

WILLIAMS, KASTNER & GIBBS, PLLC

J.D. SMITH, WARD SMITH PLLC

By s/Anne M. Loucks
Rodney L. Umberger, Jr., WSBA #24948
Anne M. Loucks, WSBA #32739

By s/J.D. Smith
J.D. Smith, WSBA #28246

12
13
14
15
16
17
18
19

601 Union Street, Suite 4100
Seattle, WA 98101-2380
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]

1000 2nd Avenue, Suite 4050
Seattle, Washington 98104
Phone: [phone]
Fax: (206) 588 - 8531
Email: [e-mail]
Attorney for Plaintiff

Attorneys for Defendant, Safeway, Inc.

20
21
22
23
24
25
STIPULATION AND ORDER REGARDING PLAINTIFF’S
MEDICAL EXAMINATION PURSUANT TO FRCP 35; ORDER RE:
PLAINTIFF’S MEDICAL EXAMINATION - 2
(2:16-cv-00972)
6195639.1

Williams, Kastner & Gibbs PLLC
601 Union Street, Suite 4100
Seattle, Washington 98101-2380
[phone]

1
2
3
4

II.

ORDER

Pursuant to the parties’ September 11, 2017 stipulation, the Court finds good cause to
order a Rule 35 examination pursuant to the parties’ stipulated terms.
IT IS SO ORDERED.

5
DATED this 13th day of September, 2017.
6

A

7
8

Thomas S. Zilly
United States District Judge

9
10
11

Presented By:

12
WILLIAMS, KASTNER & GIBBS, PLLC
13
14
15

By s/Anne M. Loucks
Rodney L. Umberger, Jr., WSBA #24948
Anne M. Loucks, WSBA #32739

16
17
18
19

601 Union Street, Suite 4100
Seattle, WA 98101-2380
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]

20
Attorneys for Defendant, Safeway, Inc.
21
22
23
24
25
STIPULATION AND ORDER REGARDING PLAINTIFF’S
MEDICAL EXAMINATION PURSUANT TO FRCP 35; ORDER RE:
PLAINTIFF’S MEDICAL EXAMINATION - 3
(2:16-cv-00972)
6195639.1

Williams, Kastner & Gibbs PLLC
601 Union Street, Suite 4100
Seattle, Washington 98101-2380
[phone]

1

Approved as to form, Notice of Presentation waived

2

J.D. SMITH, WARD SMITH PLLC

3
4

By s/J.D. Smith
J.D. Smith, WSBA #28246

5
6
7
8
9

1000 2nd Avenue, Suite 4050
Seattle, Washington 98104
Phone: [phone]
Fax: (206) 588 - 8531
Email: [e-mail]
Attorney for Plaintiff

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
STIPULATION AND ORDER REGARDING PLAINTIFF’S
MEDICAL EXAMINATION PURSUANT TO FRCP 35; ORDER RE:
PLAINTIFF’S MEDICAL EXAMINATION - 4
(2:16-cv-00972)
6195639.1

Williams, Kastner & Gibbs PLLC
601 Union Street, Suite 4100
Seattle, Washington 98101-2380
[phone]