Panico v. Thermea et al
Filing
75
STIPULATION AND ORDER for Appearance at Mental Examination [FRCP 35] re #74 in re #63 MOTION for Order for FRCP 35 Mental Examination. Signed by Magistrare Judge Elizabeth D. Laporte on August 15, 2012. (edllc2, COURT STAFF) (Filed on 8/15/2012)
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Case3:11-cv-02378-EDL Document74 Filed08/13/12 Page1 of 3
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JONES & DYER
A Professional Corporation
1800 J Street
Sacramento, California 95811
Telephone: (916) 552-5959
Fax: (916) 442-5959
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GREGORY F. DYER, SBN 114486
KRISTEN K. PRESTON, SBN 125455
MATTHEW J. SCHLEIFFARTH, SBN 260890
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Attorneys for Defendant, Cross-Claimant,
Third-Party Complainant, Miles Industries, Ltd.
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
(SAN FRANCISCO DIVISION)
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MELISSA PANICO, individually, and as mother
and next friend of SIGNE WHELAN and OSCAR
WHELAN,
Plaintiffs
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v.
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BDR THERMEA, BAXI GROUP, and MILES
INDUSTRIES, LTD.,
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Defendants
_________________________________________ )
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AND RELATED ACTIONS
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________________________________________ )
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NO. 3:11-CV-02378-EDL
3:11-CV-02146-EDL (related case)
STIPULATION AND ORDER FOR
APPEARANCE AT MENTAL
EXAMINATION
[FRCP 35]
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Pursuant to Federal Rules of Civil Procedure, Rule 35, it is hereby stipulated by and between
the parties hereto, by and through their respective counsel, as follows:
1.
Plaintiff MELISSA PANICO has placed her mental condition at issue, seeking
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damages related to severe emotional distress and post traumatic stress that she alleges in her
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complaint.
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2.
Defendant has requested that the plaintiff MELISSA PANICO appear for a mental
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examination on August 29, 2012, at 10:00 a.m., at Howden & Associates, 3500 Lakeside Court,
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Suite 205, Reno, Nevada 89509, (775) 826-8833, for a mental examination by Dean C. Delis, Ph.D.,
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a licensed psychologist anticipated to be six hours in duration with a one hour lunch break that will
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include a clinical interview (approximately 2.5 hours), administration of the Minnesota Multiphasic
STIPULATION AND ORDER FOR APPEARANCE AT MENTAL EXAMINATION [FRCP 35]
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Case3:11-cv-02378-EDL Document74 Filed08/13/12 Page2 of 3
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Personality Inventory - (approximately 1.5 hours) and the Detailed Assessment of Post Traumatic
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Stress (DAPS) (approximately 1 hour).
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3.
Plaintiff MELISSA PANICO has agreed to appear for the examination at the
designated date, time and location to be specified.
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Following the examination, defendant will provide plaintiff with a report consistent
with the requirements of Federal Rules of Civil Procedure, Rule 35.
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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
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ARNOLD LAW FIRM
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DATED: August 10, 2012
BY:
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/s/ KIRK J. WOLDEN
CLAYEO C. ARNOLD
CLIFFORD L. CARTER
KIRK J. WOLDEN
Attorneys for Plaintiffs,MELISSA PANICO
individually, and as mother and next friend of
SIGNE WHELAN and OSCAR WHELAN and
Third Party Defendant SEAN WHELAN
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CORY, WATSON, CROWDER & DEGARIS, P.C.
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DATED: August 10, 2012
BY:
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/s/ F. JEROME TAPLEY
ERNEST CORY
F. JEROME TAPLEY
HIRLYE R. RYAN LUTZ, III
Attorneys for Plaintiffs,MELISSA PANICO
individually, and as mother and next friend of
SIGNE WHELAN and OSCAR WHELAN
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JONES & DYER
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DATED: August 10, 2012
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BY:
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/s/ KRISTEN K. PRESTON
GREGORY F. DYER
KRISTEN K. PRESTON
Attorney for Defendant, Miles Industries, Ltd.
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STIPULATION AND ORDER FOR APPEARANCE AT MENTAL EXAMINATION [FRCP 35]
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ORDER
Pursuant to the stipulation, it is so ordered.
August 15, 2012
Dated: _________________________
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___________________________________
ELIZABETH D. LAPORTE
UNITED STATES MAGISTRATE JUDGE
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STIPULATION AND ORDER FOR APPEARANCE AT MENTAL EXAMINATION [FRCP 35]
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