Filed: May 23, 2019
Latest Update: May 23, 2019
Summary: JOINT STIPULATION TO CONDUCT INDEPENDENT MEDICAL EXAMINATION OF PLAINTIFF, BILLY MOORE; ORDER BARBARA A. McAULIFFE , Magistrate Judge . WHEREAS, Plaintiff, BILLY MOORE ("Plaintiff"), and Defendants, SUPERWAY LOGISTICS, INC. and SANDEEP SINGH ("Defendants"), are presently engaged in discovery; WHEREAS, the parties agree that Plaintiff, BILLY MOORE, has put his physical condition directly at issue; WHEREAS, the parties agree that good cause exists for, and thus Defendants are therefore enti
Summary: JOINT STIPULATION TO CONDUCT INDEPENDENT MEDICAL EXAMINATION OF PLAINTIFF, BILLY MOORE; ORDER BARBARA A. McAULIFFE , Magistrate Judge . WHEREAS, Plaintiff, BILLY MOORE ("Plaintiff"), and Defendants, SUPERWAY LOGISTICS, INC. and SANDEEP SINGH ("Defendants"), are presently engaged in discovery; WHEREAS, the parties agree that Plaintiff, BILLY MOORE, has put his physical condition directly at issue; WHEREAS, the parties agree that good cause exists for, and thus Defendants are therefore entit..
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JOINT STIPULATION TO CONDUCT INDEPENDENT MEDICAL EXAMINATION OF PLAINTIFF, BILLY MOORE; ORDER
BARBARA A. McAULIFFE, Magistrate Judge.
WHEREAS, Plaintiff, BILLY MOORE ("Plaintiff"), and Defendants, SUPERWAY LOGISTICS, INC. and SANDEEP SINGH ("Defendants"), are presently engaged in discovery;
WHEREAS, the parties agree that Plaintiff, BILLY MOORE, has put his physical condition directly at issue;
WHEREAS, the parties agree that good cause exists for, and thus Defendants are therefore entitled to, a physical examination of Plaintiff, as permitted under Rule 35 of the Federal Rules of Civil Procedure;
NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED THAT THE COURT MAY ENTER AN ORDER as follows:
1. Plaintiff agrees to submit to the below described physical examination at the office of Kurt V. Miller, M.D., Fresno NeuroBehavioral Associates, 1660 East Herndon, Suite 150, Fresno, CA 93720.
2. The examination will be conducted by Kurt V. Miller, M.D., a licensed physician in the State of California and a Board Certified Neurologist. A copy of Kurt V. Miller, M.D.'s CV is attached hereto as "Exhibit A".
3. The examination will be a standard physical examination and will inquire into Plaintiff's health complaints arising from the certain incident, occurrence or transaction at issue, as well as medical history which is relevant or which may lead to the discovery of admissible evidence concerning Plaintiff's complaints. No invasive procedures, such as blood or urine samples will be required. The examination also may require radiographic studies, if necessary.
4. The examination will be conducted on July 24, 2019, from 2:45 p.m. to 5:00 p.m.
IT IS SO STIPULATED:
WILKINS, DROLSHAGEN & CZESHINSKI LLP
Dated: May 21, 2019 By /s/ Quentin Cedar
Michael J. Czeshinski
Quentin Cedar
Attorneys for Defendants,
Superway Logistics, Inc. and Sandeep Singh
ZINDA LAW GROUP, PLLC
Dated: May 21, 2019 By /s/ Joseph Caputo
Joseph Caputo
Alaina Zermeno
Attorneys for Plaintiffs,
Billy Moore and Don Lucas
ORDER
Pursuant to the stipulation of the parties and good cause appearing therefor, IT IS HEREBY ORDERED:
1. Plaintiff BILLY MOORE shall submit to a physical examination at the office of Kurt V. Miller, M.D., Fresno NeuroBehavioral Associates, 1660 East Herndon, Suite 150, Fresno, CA 93720;
2. The examination of Plaintiff BILLY MOORE shall be conducted by Kurt V. Miller, M.D., a licensed physician in the State of California and a Board Certified Neurologist;
3. The examination of Plaintiff BILLY MOORE shall be a standard physical examination and will inquire into Plaintiff's health complaints arising from the certain incident, occurrence or transaction at issue in this case, as well as relevant medical history. No invasive procedures such as blood or urine samples will be required. The examination also may require radiographic studies, if necessary; and
4. The examination of Plaintiff BILLY MOORE shall be conducted on July 24, 2019, from 2:45 p.m. to 5:00 p.m.
IT IS SO ORDERED.
