STIPULATION AND (Proposed) ORDER PERMITTING MENTAL EXAMINATION OF SHAWN BRACKIN PURSUANT TO FRCP RULE 35 Judge

WILLIAM ALSUP, District Judge.

THE PARTIES HEREBY STIPULATE, through their respective counsel, to the following:

1. Plaintiff Shawn Brackin (Plaintiff) will continue to participate in a neuropsychological evaluation by Alison Weber, Ph.D., Staff Psychologist, who is board-certified in neuropsychology, and is licensed to practice in the State of California.

2. The examination will take place at the California Department of State Hospitals (DSH) — Napa, 2100 Napa-Vallejo Highway, Napa, CA 94558-6293, on a date and time that is mutually convenient to Plaintiff and Dr. Weber.

3. The purpose of the evaluation is to assess Plaintiff's claim of traumatic brain injury, which is the subject of this action. The examination will consist of a neuropsychological interview between Plaintiff and Dr. Weber, and the administration of neuropsychological tests, including but not limited to the Wechsler Adult Intelligence Scale, Validity Indicator Profile, Word Reading from Wide Range Achievement Test, Visual Discrimination from Test of Visual Perception Skills, Reitan-Klove Sensory Perceptual Examination, Coding and Verbal Fluency tests, Behavioral Dyscontrol Scale, Dynamometer Grip Strength, and Finger Tapping. No tests that have been completed by Plaintiff in the last 60 days will be repeated unless the parties so stipulate.

4. Only Plaintiff and Dr. Weber will be present in the examination room while testing is performed.

5. Plaintiff shall be cooperative to the best of his ability during the examination, and will make himself available for a total of an additional six (6) hours or until completion of the examination, whichever is sooner. Reasonable breaks for personal comfort or necessity will be taken as needed. Times for breaks are not included in calculating the length of the examination. Additional time for testing may be added by mutual agreement of the parties or further order of this Court.

7. Defendant DSH-Napa shall bear the cost for the mental examination.

8. Except as provided in this Order, the mental examination shall be governed by Federal Rule of Civil Procedure 35.

SO STIPULATED:

ORDER

Upon good cause shown, the above Stipulation of the parties is hereby approved and made the Order of this Court.

SO ORDERED.