STIPULATION TO CONDUCT FRCP 35 EXAMINATION

C.W. HOFFMAN, JR., Magistrate Judge.

IT IS HEREBY STIPULATED AND AGREED by and between the parties hereto, by and through their respective counsel, that Plaintiff Cathy Woods ("Plaintiff") will submit to a psychiatric examination on July 15, 2019 and a psychological evaluation on August 2, 2019 at 9:00 am at the Cedarbrook Lodge located at 18525 36th Avenue South, Seattle, WA 98188. The mental examination will be conducted by Dr. Ronald Roberts and the psychological evaluation will be conducted by Dr. Charles Saldanha.

IT IS FURTHER STIPULATED that the parties agree that under Federal Rule of Civil Procedure 35 good cause currently exists for an examination of Plaintiff as it relates to his allegations of mental and emotional injury and distress of a lasting and/or severe nature which she contends was caused by Defendants in this action.

IT IS FURTHER STIPULATED that the nature, scope, conditions and manner of the examination are to be as follows:

1. Plaintiff will submit to a mental examination to be conducted by Dr. Roberts, and a psychological evaluation by Dr. Saldanha.

2. Ronald Roberts, PhD, earned his Ph.D. in Psychology at the California School of Professional Psychology in Berkeley, in 1984. He completed his Fellowship in Neuropsychology at the Veterans Administration Hospital in San Francisco in 1983. He became board certified in Forensic Psychology by the American the American Board of Professional Psychology in 1994. Dr. Roberts is specifically trained in the administration, scoring and interpretation of psychological neurocognitive tests in both clinical and forensic populations. A complete copy of Dr. Roberts' curriculum vitae is attached as Exhibit A.

3. Dr. Roberts will conduct a psychiatric examination of Plaintiff to assist Defendants and their counsel with regard to understanding Plaintiff's alleged complaints of psychiatric injury and, including the origin, nature, and severity of Plaintiff's alleged mental health injuries, and in turn, prognosis and future treatment needs, if applicable.

4. Dr. Roberts will conduct specific tests\: the Minnesota Multiphasic Personality Inventory — 2 (MMPI-2), the Personality Assessment Inventory (PAI), a "projective" test, e.g. the Rorschach Inkblot Test, and the Wechsler Adult Intelligence Scale, Fourth Edition (WAIS-IV). The duration of the psychological testing will take approximately four to six (4-6) hours excluding appropriate breaks; additional time will be allowed, if needed. Dr. Roberts reserves the right to subtract tests in response to information that Dr. Roberts may receive about the plaintiff, as well as based upon her performance during the assessment.

5. Dr. Saldanha will conduct a psychological evaluation of Plaintiff to evaluate the nature and extent of Plaintiff's claims of mental and emotional distress. This evaluation will include the taking of a complete personal history (including family, social, and environmental history), a work history, a medical and psychiatric history including substance abuse history, if any, a history of relationships and traumas and a detailed account of the events which the Plaintiff claims was the cause of her alleged emotional damages. The interview will also include a mental status examination to evaluate her mood, speech, thought processes, and other mental functions.

6. Neither evaluation will not involve any physical examination. There will be no blood tests or other intrusive medical studies or procedures. The examination will be conducted at a conference room at the Cedarbrook Lodge.

7. In conducting the interview and testing, neither Dr. Roberts nor Dr. Saldanha shall inquire about subjects related to Plaintiff's allegations of liability against Defendants or the underlying incidents giving rise to this action, including but not related to any questions about Plaintiff's interactions with any medical staff at the LSU Medical Center on March 5, 6, 7, and 8 of 1979; any questions about the Michelle Mitchell homicide (and the investigations); Plaintiff's knowledge or lack of knowledge about the underlying constitutional claims advanced in this suit; or any other matter that relates to Plaintiff's constitutional allegations in the operative Complaint. Notwithstanding these limitations, Dr. Saldanha will be entitled to ask about Plaintiff's claimed emotional injuries stemming from her prosecution, conviction, time in custody, and any other components of his emotional distress.

7. A copy of this Stipulation will be given to Dr. Roberts and Dr. Saldanha prior to the examination, both of whom agree to be bound by this stipulation.

8. Dr. Roberts and Dr. Saldanha may be provided with Plaintiff's medical records, deposition testimony, discovery responses, Complaint, and mental health records by defense counsel, which they may review prior and/or subsequent to examination of Plaintiff.

9. After the examination of Plaintiff, either Dr. Roberts or Dr. Saldanha will prepare a written report of their findings in conformance with Federal Rule of Civil Procedure 35. A copy of said report will be provided to Plaintiff's counsel within five days of completion. The parties agree to make reasonable accommodations, if necessary, to the expert disclosure schedule, including to allow the disclosure of the written report prepared by either Dr. Roberts or Dr. Saldanha beyond the discovery cut-off as well as to account for any rebuttal or responsive expert disclosure Plaintiff may disclose thereafter. The expert report generated by either Dr. Roberts or Dr. Saldanha, and any rebuttal thereto, will not be used to support any dispositive motion, and any accommodations made to the discovery schedule to allow for the examinations described herein will not be used as a basis to alter the dispositive motion deadline.

10. The results of the testing and interview will be used for purposes of litigation only.

IT IS SO STIPULATED.

IT IS SO ORDERED.