STIPULATION REGARDING PHYSICAL EXAMINATION OF PLAINTIFF GEORGE WESTBROOK, BY BERTRAND TUAN, MD.; [PROPOSED] ORDER

CAROLYN K. DELANEY, Magistrate Judge.

Pursuant to Federal Rules of Civil Procedure, Rule 35, Plaintiff George Westbrook ("Plaintiff") and Defendant Ball Metal Beverage Corp. ("Defendant"), by and through their counsel of record, hereby stipulate that Plaintiff will submit to one physical/medical examination by Defendant, which shall be conducted as follows:

WHEREAS, Plaintiff acknowledges that his physical state is in controversy; and

WHEREAS, the parties wish to avoid the unnecessary waste of time and resources in making and opposing any motion to compel Plaintiff's physical/medical examination;

THEREFORE, IT IS HEREBY STIPULATED AND AGREED BY PLAINTIFF AND DEFENDANT THAT:

1. Plaintiff will appear for only one physical/medical examination;

2. The physical/medical examination will be performed by Dr. Bertrand Tuan M.D. on April 3, 2018, commencing at 12:00 p.m. at Dr. Tuan's office located at 2100 Webster Street, Suite 225, San Francisco, CA 94115. The examination will continue for so long as reasonably required, but will not exceed 90 minutes. The examination will consist of clinical interview to obtain general background information to include George Westbrook's overall health history as it generally relates to disabilities Mr. Westbrook currently claims, including the onset of his medical condition resulting in chronic blood thinner medication, prior treatment, prognosis, restrictions and medications related thereto; general physical examination as deemed appropriate. The scope of the examination will include the assessment of Plaintiffs medical condition resulting in the prescription of chronic blood thinner medication, including but not limited to any restrictions and/or disability related to said condition;

3. The examination will also include reasonable breaks to the extent they are required or requested by Plaintiff;

4. Dr. Tuan is a physician licensed by the State of California;

5. Plaintiff and Dr. Tuan will be present at the physical/medical examination. Dr. Tuan may have present a licensed nurse, or other staff, to assist him in conducting reasonable tests at the direction of Dr. Tuan;

6. Defendants represent that Dr. Tuan is available to testify at trial scheduled to begin on October 15, 2018; and

7. Upon request by Plaintiff, or at the date and time of exchange of expert witness information, Dr. Tuan shall provide a copy of a detailed written report setting out the history, examinations, findings, including the results of all test made, diagnoses, prognoses, conclusions, and all opinions that Dr. Tuan intends to offer at trial.

THEREFORE, the parties hereby stipulate and agree to the voluntary medical/physical examination of Plaintiff George Westbrook, as set forth herein above.

IT IS SO ORDERED.