Panico v. Thermea et al
Filing
77
STIPULATION AND ORDER Vacating Defendant's Motion for Order for Mental Examination [Docket 64] re #76 . Signed by Magistrate Judge Elizabeth D. Laporte on August 21, 2012. (edllc2, COURT STAFF) (Filed on 8/21/2012)
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Case3:11-cv-02378-EDL Document76 Filed08/20/12 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,
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Plaintiffs,
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vs.
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BDR THERMEA, BAXI GROUP, and MILES
INDUSTRIES, LTD.
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Defendants.
_________________________________________ )
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AND RELATED ACTIONS
_________________________________________ )
NO. 3:11-CV-11-02378- EDL
3:11-CV-11-02146-EDL (related case)
STIPULATION AND ORDER
VACATING DEFENDANT’S MOTION
FOR ORDER FOR MENTAL
EXAMINATION (DOCKET 64)
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A stipulation with proposed order for mental examination was filed on August 13, 2012.
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(Docket No. 74.) On August 15, 2012, the court issued an order for mental examination. (Docket
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No. 75.) This order resolves the dispute between the parties giving rise to defendant’s motion for
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order for mental examination filed on July 27, 2012. (Docket No. 64.)
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On the basis of the deposition testimony of Simone Rodin, Ph.D., that was given on August 8,
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2012, plaintiff Melissa Panico by and through her attorneys of record withdrew her prior objection
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and stipulated to an order for mental examination. That order was issued by the court on August 15,
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2012. (See Docket No. 75).
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Plaintiff Melissa Panico has expressed her concerns that the scope of the examination be
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limited to facts or information reasonably necessary to allow Dean C. Delis, Ph.D., to perform his
STIPULATION & ORDER VACATING DEFENDANT'S MOTION FOR ORDER FOR MENTAL EXAMINATION
CASE NO. 3:11-CV-02378-EDL (3:11-CV-02146-EDL (related case))
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Case3:11-cv-02378-EDL Document76 Filed08/20/12 Page2 of 3
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clinical evaluation of plaintiff’s emotional distress and post traumatic stress for which she claims
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damages and plaintiff reserves her right to raise objections to the report, opinions or testimony on
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that basis.
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The motion is hereby vacated and the parties agreement is memorialized in this Stipulation.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
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ARNOLD LAW FIRM
DATED: August 15, 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 15, 2012
BY:
DATED: August 15, 2012
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JONES & DYER
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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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BY:
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/s/ KRISTEN K. PRESTON
GREGORY F. DYER
KRISTEN K. PRESTON
MATTHEW J. SCHLEIFFARTH
Attorneys for Defendant, Cross-Claimant,
Third-Party Complainant, Miles Industries, Ltd.
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ORDER
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Pursuant to the stipulation of the parties, it is so ordered.
August 21, 2012
Dated: _________________________
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___________________________________
ELIZABETH D. LAPORTE
UNITED STATES MAGISTRATE JUDGE
STIPULATION & ORDER VACATING DEFENDANT'S MOTION FOR ORDER FOR MENTAL EXAMINATION
CASE NO. 3:11-CV-02378-EDL (3:11-CV-02146-EDL (related case))
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Case3:11-cv-02378-EDL Document76 Filed08/20/12 Page3 of 3
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STIPULATION & ORDER VACATING DEFENDANT'S MOTION FOR ORDER FOR MENTAL EXAMINATION
CASE NO. 3:11-CV-02378-EDL (3:11-CV-02146-EDL (related case))
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