Filed: Feb. 13, 2020
Latest Update: Feb. 13, 2020
Summary: STIPULATION AND [PROPOSED] ORDER FOR MEDICAL EXAMINATION UNDER FEDERAL RULE OF CIVIL PROCEDURE 35 CAROLYN K. DELANEY , Magistrate Judge . Plaintiff Leroy Carr and defendant the United States respectfully submit this stipulation and proposed order for a medical examination under Federal Rule of Civil Procedure 35, which provides that the Court may order physical examination of a party whose physical condition is in controversy. The parties hereby agree that plaintiff will submit to a medi
Summary: STIPULATION AND [PROPOSED] ORDER FOR MEDICAL EXAMINATION UNDER FEDERAL RULE OF CIVIL PROCEDURE 35 CAROLYN K. DELANEY , Magistrate Judge . Plaintiff Leroy Carr and defendant the United States respectfully submit this stipulation and proposed order for a medical examination under Federal Rule of Civil Procedure 35, which provides that the Court may order physical examination of a party whose physical condition is in controversy. The parties hereby agree that plaintiff will submit to a medic..
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STIPULATION AND [PROPOSED] ORDER FOR MEDICAL EXAMINATION UNDER FEDERAL RULE OF CIVIL PROCEDURE 35
CAROLYN K. DELANEY, Magistrate Judge.
Plaintiff Leroy Carr and defendant the United States respectfully submit this stipulation and proposed order for a medical examination under Federal Rule of Civil Procedure 35, which provides that the Court may order physical examination of a party whose physical condition is in controversy.
The parties hereby agree that plaintiff will submit to a medical examination by Dr. Darin J. Davidson, M.D., on February 26, 2020, at 11:30 a.m. at 1600 116th Avenue, NE, Suite 202, Bellevue, Washington 98004. The parties further stipulate as follows:
1. No staff or attorneys from the offices of plaintiff or defendant will attend the examinations.
2. The examination will not exceed 2.5 hours.
3. The examination will not include any testing or procedure that is painful, protracted or intrusive.
4. Defendant shall be responsible for the costs and fees associated with the examination.
5. Defendant will provide Plaintiff a copy of the examiner's report setting out the history, examinations, findings, including the results of all tests made, diagnosis, prognoses, and conclusions of the examiner, Dr. Davidson, M.D., without a request needed and within five (5) court days of Defendant's receipt of the same.
IT IS SO STIPULATED.
Dated: February 12, 2020 PICCUTA LAW GROUP, LLP
/s/ Charles Tony Piccuta (as
authorized on February 12,
By: 2020)
CHARLES TONY PICCUTA
Attorneys for Plaintiff
Dated: February 12, 2020 McGREGOR W. SCOTT
United States Attorney
By: /s/ Philip A. Scarborough
PHILIP A. SCARBOROUGH
Assistant United States Attorney
Attorneys for the United States
IT IS SO ORDERED.
