UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
November 20, 2012
BRYAN R. VAN ALEN, PLAINTIFF,
THE UNITED STATES OF AMERICA, AND DOES 1 THROUGH 20, DEFENDANTS.
The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
STIPULATION AND ORDER FOR INDEPENDENT MEDICAL EXAMINATION PER FEDERAL RULE OF CIVIL PROCEDURE 35 Hearing formerly scheduled for: DATE: November 29, 2012 TIME: 10:00 a.m. JUDGE: Hon. Kendall J. Newman LOCATION: Courtroom 25, 8th Floor
Plaintiff Bryan Van Alen and Defendant United States of America respectfully submit this stipulation and proposed order for an independent medical examination under Federal Rule of Civil Procedure 35. This stipulation renders moot Defendant's pending motion to compel such an exam (Dkt. 33).
The parties hereby stipulate that Plaintiff will submit to an independent medical examination on December 5, 2012, at 1:45 p.m. at 1800 Sullivan Ave., Suite 402, Daly City, CA 94015, by Dr. John O. Missirian, M.D. Plaintiff may be accompanied at the examination by a secretary from Plaintiff's counsel's office who may audiotape the examination without otherwise interfering with the proceedings.
STIPULATION AND ORDER
Respectfully submitted, DATED: November 20, 2012 BENJAMIN B. WAGNER United States Attorney /s/ Victoria L. Boesch VICTORIA L. BOESCH Assistant United States Attorney Attorneys for the United States of America DATED: November 20, 2012 /s/ Kenneth N. Meleyco (authorized 11/20/12) KENNETH N. MELEYCO Attorney for Plaintiff
IT IS SO ORDERED. In light of this stipulation and order, defendant's motion to compel an independent medical examination (dkt. no. 33) is DENIED AS MOOT.
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