Opinion
2:21-cv-00218-APG-VCF
04-11-2022
K.H., a minor by and through his Guardian Ad Litem UNIQUE BARNETT; A.K., a minor by and through his Guardian Ad Litem KARA KARR; and K.G., a minor by and through her Guardian Ad Litem MARIA GARCIA, D.F., a minor by and through his Guardian Ad Litem FRANCISCA VALLIENTE, Plaintiffs, v. CLARK COUNTY SCHOOL DISTRICT, SHANE BUTUYAN, ANA ESCAMILLA, SONYA HOLDSWORTH, RENEE MECHEM and DOES I-50, Defendants.
GREENBERG TRAURIG, LLP WHITNEY L. WELCH-KIRMSE Attorneys for Defendants. PANISH SHEA & BOYLE LLP RAHUL RAVIPUDI IAN SAMSON ADAM ELLIS Attorneys for Plaintiffs. WALKUP, MELODIA, KELLY & SCHOENBERGER KHALDOUN A. BAGHDADI VALERIE ROSE Attorney for Plaintiffs Admitted Pro Hac Vice.
GREENBERG TRAURIG, LLP WHITNEY L. WELCH-KIRMSE Attorneys for Defendants.
PANISH SHEA & BOYLE LLP RAHUL RAVIPUDI IAN SAMSON ADAM ELLIS Attorneys for Plaintiffs.
WALKUP, MELODIA, KELLY & SCHOENBERGER KHALDOUN A. BAGHDADI VALERIE ROSE Attorney for Plaintiffs Admitted Pro Hac Vice.
[PROPOSED] ORDER GRANTING IN PART CCSD'S MOTION TO COMPEL RULE 35 PSYCHOLOGICAL EXAMINATION OF MINOR PLAINTIFFS K.H., A.K., K.G. AND D.F. [ECF NO. 48]
Having reviewed and considered Defendant CCSD's Motion to Compel Rule 35 Psychological Examination of Minor Plaintiffs K.H., A.K., K.G. and D.F. (“Motion”) [ECF No. 48], and having read and considered all papers filled in support thereof and in opposition thereto, and having heard and considered the oral arguments of counsel on March 3, 2022, and with good cause appearing, the Court orders as follows:
ORDER
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the Motion is hereby GRANTED IN PART and the Court orders as follows:
1. The Rule 35 Psychological Examination of minor Plaintiffs K.H., A.K., K.G. and D.F. shall take place on May 13, 2022 and May 14, 2022 by Defendant CCSD's Rule 35 examiner, Dr. Kimberly Lakes (“Rule 35 Examiner”).
2. The Rule 35 Examinations of Plaintiffs shall not be recorded by video or audio.
3. The deadline for initial expert reports shall be June 13, 2022 .
4. The deadline for rebuttal expert reports shall be July 13, 2022 .
5. Expert discovery shall close on August 15, 2022 .
6. The Parties shall have until September 15, 2022 to file any dispositive motions.
If some unforeseen emergency arises which impacts completion of the Examination(s) at the scheduled dates and times, the parties will meet and confer regarding the same as soon as possible.
The Court FURTHER ORDERS that the Examination be conducted under the following conditions:
A. The Examinations shall be limited to the tests identified in the Motion at Exhibit G (Dkt. 48-7).
B. The parents/guardians will not be asked to complete questionnaires or be interviewed by the Rule 35 Examiner.
C. The parents/guardians may accompany their child to the Examination and 1 parent/guardian may remain in the room with their child at all times, but will not assist the child to complete tests, answer the Examiner's questions or otherwise impede the Examination.
D. Counsel for the parties are not permitted to attend the Examinations.
E. The Examination of each Plaintiff may take place over two days but shall not exceed a maximum of 2 hours per day.
F. The Examinations will take place in a conference room at Envision Legal Solutions located at 1050 Indigo Drive, Ste. 130, Las Vegas, Nevada 89145.
G. Breaks will be provided to the minor Plaintiffs as needed/requested.
D.F.'s brother Christopher Flores will accompany him during the examination.
IT IS SO ORDERED.