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Terry Sandres, An Individual v. Corrections Corporation of America

March 4, 2011

TERRY SANDRES, AN INDIVIDUAL,
PLAINTIFF,
v.
CORRECTIONS CORPORATION OF AMERICA,
A MARYLAND CORPORATION; AND DOES 1 THROUGH 50, INCLUSIVE,
DEFENDANTS.



The opinion of the court was delivered by: District Judge: Hon. Oliver W.Wanger

Magistrate: Hon. Jennifer L. Thurston

STIPULATION AND ORDER FOR PLAINTIFF TERRY SANDRES TO SUBMIT TO MENTAL EXAMINATION

Action Filed: July 24, 2009 Trial Date: August 30, 2011

STIPULATION AND ORDER FOR PLAINTIFF TERRY SANDRES TO SUBMIT TO MENTAL EXAMINATION

IT IS HEREBY STIPULATED AND AGREED by and between the parties hereto, by their respective counsel, that plaintiff Terry Sandres ("Plaintiff") will submit to a mental examination to be conducted by Dr. Francine B. Kulick ("Dr. Kulick") on a date and time mutually agreeable to all parties prior to the expert discovery cut-off date of April 1, 2011, at 1541 Ocean Ave., Suite 200, Santa Monica, California 90401. The purpose of the examination is to determine the existence, extent and nature of any damages to, or abnormality of, Plaintiff's mental and emotional condition and whether such damages and/or abnormality were allegedly caused by defendants Corrections Corporation of America and/or CCA of Tennessee, LLC (hereinafter collectively referred to as "Defendants").

IT IS FURTHER STIPULATED that the examination is authorized by Federal Rules of Civil Procedure ("FRCP") Rule 35(b)(6), in that Plaintiff has placed his mental condition in controversy in this action by alleging mental and emotional injury and distress of a lasting nature, and that good cause exists for the examination.

IT IS FURTHER STIPULATED that the nature, scope, conditions and manner of the examination are to be as follows:

1. No persons other than Plaintiff and Dr. Kulick (or anyone on Dr. Kulick's staff who is necessary for the examination) may be present.

2. Plaintiff and Dr. Kulick each have the right to audiotape the examination, but the examination shall not be videotaped. Dr. Kulick's office will not take any photographs, fingerprints, or other identification information from Plaintiff, including but not limited to driver's license, Social Security number, and home address.

3. Plaintiff may make an audio recording of the examination. Dr. Kulick and her staff will accommodate all reasonable requests to accomplish this recording including, but not limited to, taking any necessary breaks during the examination, taking a break if technical difficulties arise, making available electrical outlets, and all other reasonable accommodations to allow the effective recording of the mental examination.

4. Plaintiff shall not be required to fill out any patient information forms of any type whatsoever, including, but not limited to, (new patient) forms, insurance forms, identification forms, authorizations for records, arbitration form waivers and releases, and will not be asked to do so by Dr. Kulick or her staff.

5. The examination may only be conducted by Dr. Kulick. The examination will proceed on the following terms:

a. Said oral examination shall not delve into the following areas, which are protected by the California Constitutional right of privacy:

i. Dr. Kulick is permitted to inquire concerning the general health of family members and the existence of medical and mental conditions and whether treatment was received; however, Plaintiff is not to be questioned regarding the specifics of any treatment, names of treating physicians, and details of the ...


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