STIPULATION REGARDING INDEPENDENT MENTAL EXAMINATION OF PLAINTIFF; [PROPOSED] ORDER

KANDIS A. WESTMORE, Magistrate Judge.

The parties stipulate as follows:

1. On December 13, 2012, the parties submitted a joint letter regarding a discovery dispute over the terms of Defendants' proposed independent mental examination of Plaintiff. (Dkt. 62). That dispute was referred to Magistrate Judge Westmore. Judge Westmore requested that the parties submit supporting declarations on January 28, 2013. (Dkt. 67).

2. Plaintiff submitted a declaration from Dr. Michael Wilkes, who stated that due to a recent change in Plaintiff's condition, it is not medically advisable for Plaintiff to undergo an IME at this time, and that it could be harmful to him. (Dkt. 68).

3. As a result of this changed circumstance, the parties agree that no determination should be made on the terms of Defendants' proposed IME at this time.

4. The parties agree that Judge Westmore should retain jurisdiction of this dispute, and that the parties will file a joint letter updating the court on the status of the dispute within sixty days of the date of the attached order.

5. The parties agree to submit a separate request to continue the outstanding deadlines in this case in order to accommodate the pending issue of the IME of Plaintiff.

[PROPOSED] ORDER

Pursuant to the above stipulation, within sixty days of the date of this order, the parties are ordered to file a joint letter updating the court as to the status of the discovery dispute regarding Defendants' proposed independent mental examination of Plaintiff.