Filed: Jun. 20, 2019
Latest Update: Jun. 20, 2019
Summary: AMENDED STIPULATION AND ORDER FOR PHYSICAL EXAMINATION OF PLAINTIFF GILBERTO FAJARDO (Doc. 43) JENNIFER L. THURSTON , Magistrate Judge . STIPULATION IT IS HEREBY STIPULATED by and between Plaintiff Gilberto Fajardo and Defendants City of Bakersfield, Juan Orozco and Lindy DeGeare (collectively "Defendants"), through their respective attorneys, as follows: 1. The physical condition of the Plaintiff is "in controversy" within the meaning of Federal Rule of Civil Procedure 35 ("Rule 35"), w
Summary: AMENDED STIPULATION AND ORDER FOR PHYSICAL EXAMINATION OF PLAINTIFF GILBERTO FAJARDO (Doc. 43) JENNIFER L. THURSTON , Magistrate Judge . STIPULATION IT IS HEREBY STIPULATED by and between Plaintiff Gilberto Fajardo and Defendants City of Bakersfield, Juan Orozco and Lindy DeGeare (collectively "Defendants"), through their respective attorneys, as follows: 1. The physical condition of the Plaintiff is "in controversy" within the meaning of Federal Rule of Civil Procedure 35 ("Rule 35"), wh..
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AMENDED STIPULATION AND ORDER FOR PHYSICAL EXAMINATION OF PLAINTIFF GILBERTO FAJARDO
(Doc. 43)
JENNIFER L. THURSTON, Magistrate Judge.
STIPULATION
IT IS HEREBY STIPULATED by and between Plaintiff Gilberto Fajardo and Defendants City of Bakersfield, Juan Orozco and Lindy DeGeare (collectively "Defendants"), through their respective attorneys, as follows:
1. The physical condition of the Plaintiff is "in controversy" within the meaning of Federal Rule of Civil Procedure 35 ("Rule 35"), which sets forth the procedures for the examination of persons whose physical condition is in controversy.
2. Harvey L. Edmonds, M.D., FAAN, has been retained by Defendants to conduct an examination of Plaintiff Gilberto Fajardo pursuant to Fed. R. Civ. P. 35. A copy of Dr. Edmonds' curriculum vitae is attached hereto as Exhibit A.
3. Plaintiff Gilberto Fajardo will submit to a physical examination to be conducted by Harvey L. Edmonds, M.D., FAAN, on June 24, 2019, at 11 a.m. at the office of Sierra Valley Medico, 2020 17th Street, Suite 2016, Bakersfield, CA 93301, or at another mutually agreed upon date and time before the discovery cutoff deadline.
4. In addition to questioning by Dr. Edmonds relating to Plaintiff's complaints, this examination shall include a comprehensive physical examination of the arms, legs, back, face and body. This examination is relevant to Plaintiff's claim of pain and disability.
5. At the time of said examination, Plaintiff will answer all proper questions and inquiries pertaining to his arms, legs, back, face and body, for the purpose of making a proper diagnosis of the Plaintiff's condition.
6. An attorney representing Plaintiff may be present.
7. Plaintiff will not be asked any questions related to the following subjects: (1) the incident; (2) his criminal history; or (3) any past or present use of illegal drugs.
8. Good cause exists for the Court to enter this Stipulation as an Order of the Court.
9. Nothing herein shall preclude the parties from entering into other stipulations or agreements relating to the Rule 35 examination of Plaintiff.
Dated: June 20, 2019 MARDEROSIAN & COHEN
Michael G. Marderosian,
Attorneys for Defendants
Dated: June 20, 2019. LAW OFFICES OF DALE K. GALIPO
Melanie Partow,
Attorneys for Plaintiff
ORDER
The above stipulation is hereby accepted and approved. The terms of the stipulation set forth above are hereby adopted as an order of this Court.
IT IS SO ORDERED.
