Opinion
NO. C08 5548 RBL.
March 26, 2009
OFFICE OF THE ATTORNEY GENERAL, PATRICIA C. FETTERLY, WSBA No. 8425, IAN M. BAUER, WSBA No. 35563, Assistant Attorneys General, Attorneys for Defendants.
ORDER GRANTING DEFENDANTS' MOTION FOR FED. R. CIV. P. 35 EXAMINATION
THIS MATTER, having come before the Court on Defendants Motion for Fed.R.Civ.P. 35 Examination, and the Court having reviewed all pleadings filed herein, including Defendants' Motion and the Declarations of Ian M. Bauer and Kevin B. McGovern, Ph.D., in support thereof, Plaintiff's response (if any) and all materials filed in support thereof, as well as Defendants' reply, it is hereby:
ORDERED, ADJUDGED AND DECREED that Defendants' Motion for Fed.R.Civ.P. 35 Examination is hereby GRANTED. And, it is further
ORDERED, ADJUDGED AND DECREED that:
1. Defendants, collectively, are entitled to conduct one Fed.R.Civ.P. 35 examination of Plaintiff Crystal Ammons.
2. Defendants' examination shall occur on April 14 and 15, 2009, at a mutually-convenient neutral location. The examination shall begin at 10:00 a.m. on each day, unless otherwise agreed to by the parties. Defendants' examination of Ms. Ammons shall be conducted by Kevin B. McGovern, Ph.D. During the first day of Defendants' examination, Dr. McGovern will administer standard psychological tests on Ms. Ammons. The second day of Defendants' examination shall consist of a comprehensive clinical interview.
3. Ms. Ammons may have a representative of her choosing present during her entire examination, who may observe but not interfere with or obstruct the examination.
4. Ms. Ammons' representative may make a recording of the examination which shall be made in an unobtrusive manner. The recording may be made via audio or videotape, at Plaintiff's expense. Should Plaintiff elect to record her examination, Defendants may obtain a copy thereof at their own expense.
5. Pursuant to Fed.R.Civ.P. 35, Defendants shall deliver to Plaintiff's counsel a copy of a detailed written report of the examination upon request.