SAN JOAQUIN DELTA COMMUNITY COLLEGE DISTRICT
STIPULATION RE: PHYSICAL EXAMINATION OF SHIRLEY A. NEWMAN; PROPOSED ORDER [FRCP 35]
The parties to the above-entitled action, by and between their respective attorneys of record, hereby stipulate as follows:
1.On December 13, 2010, defendant SAN JOAQUIN DELTA COMMUNITYCOLLEGE DISTRICT (DISTRICT) filed a Motion To Compel Independent Physical Examination of Plaintiff Shirley A. Newman and supporting documents (Motion To Compel).
The hearing on the Motion To Compel is currently set for January 20, 2011, at 10:00 a.m., in Courtroom of the above-entitled court.
2. Counsel for DISTRICT and NEWMAN have met and conferred on multiple 25 occasions before and after the filing of the Motion To Compel by telephone, electronic mail, and 26 regular mail regarding the terms and conditions of a physical examination to be performed on 27 NEWMAN pursuant to FRCP 35. 28
3. NEWMAN represents the following are her physical injuries caused by thetortious conduct of defendants, and no others: aggravation of a pre-existing herniation in her 2 low back and the consequences thereof, as described in her answers to form interrogatories 6.1., 3 6.2, and 6.3 served January 8, 2009; injury to her left shoulder and consequences thereof, as 4 described in her answers to form interrogatories 6.1., 6.2, and 6.3 served January 8, 2009; gash 5 in her left shin, and consequences thereof, as described in her answers to form interrogatories 6.1., 6.2, and 6.3 served January 8, 2009.
3. A physical examination shall be performed on NEWMAN under the following terms and conditions:
a. The examiner shall be Craig N. Pfeiffer, M.D.
b. The place of the examination shall be 6555 Coyle Ave., Suite 235, Carmichael,California.
c. The date of the examination shall be February 2, 2011.
d. The examination will commence at 10:00 a.m., or at a reasonable time thereafter, but not after 10:30 a.m.
e. DISTRICT and NEWMAN shall use best efforts to inform the other of any changes in the date, time, or place of the examination made necessary by unforeseen events.
f. NEWMAN shall be responsible for transporting herself to and from the examination, shall submit to the examination, and ...