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Haley v. Cohen & Steers Capital Mgmt. Inc.

UNITED STATES DISTRICT COURT IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND
Nov 17, 2011
Case No. C10-03856-PJH (N.D. Cal. Nov. 17, 2011)

Opinion

Case No. C10-03856-PJH

11-17-2011

JANET HALEY, Plaintiff, v. COHEN & STEERS CAPITAL MANAGEMENT, INC., A New York Corporation Doing Business in California; and DAVID EDLIN, an individual, Defendants.

SEYFARTH SHAW LLP Andrea N. de Koning Attorneys for Defendant COHEN & STEERS CAPITAL MANAGEMENT, INC. SHEA LAW OFFICES Mary Shea Hagebols Attorney for Plaintiff Janet Haley VAN DE POEL LEVY & ALLEN LLP Jeffrey Willam Allen Attorneys for Plaintiff Janet Haley AKIN GUMP STRAUSS HAUER & FELD LLP Catherine A. Conway Attorneys for Defendant David Edlin


SEYFARTH SHAW LLP

Francis J. Ortman III (SBN 213202)

Andrea N. de Koning (SBN 253715)

Matthew J. Mason (SBN 271344)

Attorneys for Defendant

COHEN & STEERS CAPITAL MANAGEMENT, INC.

STIPULATION REGARDING

PLAINTIFF'S MENTAL

EXAMINATION PURSUANT TO

FRCP 35

AND ORDER BY COURT

Plaintiff Janet Haley ("Haley") and Defendants Cohen & Steers Capital Management, Inc. ("Cohen & Steers") and David Edlin ("Edlin") (collectively, "Defendants") (collectively, "the Parties"), by and through their respective counsel, hereby stipulate with regard to an independent mental health examination under Rule 35 of the Federal Rules of Civil Procedure as follows:

I. IDENTIFICATION AND PERSONAL INFORMATION

Plaintiff recognizes the examiner's, Dr. Bernard S. Rappaport, need to identify Plaintiff at the time of the examination and will provide the following information:

1. Full name;
2. Date of birth;
3. Current residence address;
4. Social Security Number.

Plaintiff will not be required by Dr. Rappaport to complete any forms other than those that are part of the written tests identified in paragraph B(2) of this stipulation or provide Dr. Rappaport with the following:

1. Residence telephone number;
2. Medical insurance information or other insurance information.

II. EXAMINATION

1. Dr. Rappaport will conduct a mental examination of plaintiff on December 20, 2011 commencing at 9:00 a.m. at 3 Altarinda Road, Suite 207, Orinda, CA 94563.

2. Dr. Rappaport's psychiatric evaluation will consist of a mental status examination, an assessment of current functioning, delineation of the allegations, and exploration of concurrent mental health history and past mental health history. The examination will consist of the taking of a history, including family history, educational history and work history. Dr. Rappaport may employ widely accepted written tests, including the Minnesota Multiphasic Personality Inventory-2 (MMPI-2), among others. All of these tests and measures are routinely utilized by mental heath care professionals when conducting independent mental examinations. Dr. Rappaport will agree to exchange said testing (raw data) with Plaintiff's expert psychologist Linda Barnard, Ph.D., 418 Alhambra Blvd., Sacramento, CA 95816, (916) 606-8748, within seven (7) days of the date of the independent mental health exam.

3. Dr. Rappaport may ask, and Plaintiff shall answer, questions relating to the nature of events that Plaintiff claims were the cause of the emotional damages that are the subject of this action. Dr. Rappaport may also ask, and Plaintiff shall answer, questions about other stressors in Plaintiff's life that may have impacted and may continue to impact her mental health and/or mental state. To the extent that Plaintiff's intimate relationships have impacted and may continue to impact her mental health and/or mental state, Dr. Rappaport may inquire into such subjects. Dr. Rappaport shall not, however, inquire into the details of Plaintiff s sexual relationship with any person unless Plaintiff claims that she is suffering from sexual dysfunction or problems as a result of wrongs she attributes to Defendant. Dr. Rappaport may also inquire into Plaintiff's general social history and the general social interactional patterns in which Plaintiff has engaged. Questions relating to Plaintiff's work environment and allegations set forth in the complaint will be permitted, but Dr. Rappaport should already be familiar with the case and Plaintiff's deposition so unduly repetitive questions are avoided and minimized.

4. No one other than Dr. Rappaport (or a designee appointed by Dr. Rappaport) and Plaintiff shall be present during the examination. All forms and questionnaires required in connection with the psychological testing must be completed by Plaintiff herself, without outside assistance of her counsel or any other person. Neither party may record the examination through audio, video, or other electronic means.

5. Dr. Rappaport shall be provided by Defendant's counsel copies of any medical records relating to the Plaintiff's emotional and mental health claims as alleged as part of this action prior to her examination by Dr. Rappaport. The parties agree to exchange written reports prepared by Dr. Rappaport and any individual retained by Plaintiff for the purpose of evaluating Plaintiff, pursuant to Rule 35(b) of the Federal Rules of Civil Procedure. Counsel for Plaintiff shall be provided with Dr. Rappaport's report within thirty (30) days of the examination or by the date required pursuant to the current Scheduling Order. Plaintiff also demands copies of any and all supplemental reports prepared by Dr. Rappaport. Dr. Rappaport's report, and any supplemental reports, will be marked as "CONFIDENTIAL" pursuant to the Stipulated Protective Order. Any and all of Dr. Rappaport's reports, notes, charts, and other documents will not be provided to any individual or entity outside of this litigation.

6. While testifying at trial, Dr. Rappaport may refer to a particular response or answer given by Plaintiff in response to any written testing device administered by the examiner.

7. The entire mental health exam shall be conducted during normal business hours, with an hour for lunch plus appropriate breaks, and shall last no more than seven hours.

8. This stipulation is being entered into pursuant to Federal Rule of Civil Procedure 35, and, except as expressly provided in the stipulation, the examination will be conducted pursuant to Federal Rule of Civil Procedure 35.

9. A copy of this stipulation shall be forwarded to Dr. Rappaport and Dr. Rappaport shall acknowledge, in writing, that he will conduct the mental examination pursuant to the terms of this stipulation.

IT IS SO STIPULATED.

SEYFARTH SHAW LLP

Andrea N. de Koning

Attorneys for Defendant

COHEN & STEERS CAPITAL

MANAGEMENT, INC.

SHEA LAW OFFICES

Mary Shea Hagebols

Attorney for Plaintiff Janet Haley

VAN DE POEL LEVY & ALLEN LLP

Jeffrey Willam Allen

Attorneys for Plaintiff Janet Haley

AKIN GUMP STRAUSS HAUER & FELD

LLP

Catherine A. Conway

Attorneys for Defendant David Edlin

ORDER

It is hereby ORDERED that Plaintiff Janet Haley submit to a mental examination performed by Dr. Bernard Rappaport on December 20, 2011 at 9:00 a.m. at 3 Altarinda Road, Suite 207, Orinda, CA 94563 pursuant Rule 35 of the Federal Rules of Civil Procedure and the terms of the above stipulation.

IT IS SO ORDERED.

DISCOVERY MATTERS SHOULD GO

TO MAGISTRATE JUDGE LAPORTE

IN THE FUTURE.

Judge Phyllis J. Hamilton


Summaries of

Haley v. Cohen & Steers Capital Mgmt. Inc.

UNITED STATES DISTRICT COURT IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND
Nov 17, 2011
Case No. C10-03856-PJH (N.D. Cal. Nov. 17, 2011)
Case details for

Haley v. Cohen & Steers Capital Mgmt. Inc.

Case Details

Full title:JANET HALEY, Plaintiff, v. COHEN & STEERS CAPITAL MANAGEMENT, INC., A New…

Court:UNITED STATES DISTRICT COURT IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND

Date published: Nov 17, 2011

Citations

Case No. C10-03856-PJH (N.D. Cal. Nov. 17, 2011)