Opinion
NO. 1:10-CV-02152-AWI-DLB
10-03-2011
SEAN DAMON LOUNS and DARRYL L. HOAGLAND, Plaintiffs, v. BILL H. STICKLIN, JEMMCO, INC., and DOES 1 through 25, inclusive, Defendants.
McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP Lowell T. Carruth Attorneys for Defendants BILL H. STRICKLIN and JEMMCO, INC. MILES, SEARS & EANNI Douglas L. Gordon Attorneys for Plaintiffs SEAN DAMON LOUNS and DARRYL L. HOAGLAND
DOUGLAS L. GORDON, ESQ. - 163992
LAW OFFICES OF
MILES, SEARS & EANNI
A PROFESSIONAL CORPORATION
Attorneys for Plaintiffs
(SPACE BELOW FOR FILING STAMP ONLY)
STIPULATION FOR THE PHYSICAL
EXAMINATIONS OF PLAINTIFFS SEAN
DAMON LOUNS AND DARRYL L.
HOAGLAND AND ORDER
Date of Examinations: October 31, 2011
Defendants BILL H. STRICKLIN (sued erroneously herein as BILL H. STICKLIN) and JEMMCO, INC. (hereinafter "Defendants") and Plaintiffs SEAN DAMON LOUNS and DARRYL L. HOAGLAND (hereinafter "Plaintiffs"), by and through their undersigned counsel, and, pursuant to the Federal Rule of Civil Procedure 35, hereby stipulate and agree as follows:
1. That a controversy exists regarding the physical conditions of Plaintiffs SEAN DAMON LOUNS and DARRYL L. HOAGLAND.
2. That good causes exists for physical examinations of Plaintiffs in that said examinations would be the best method to evaluate the physical conditions of Plaintiffs and their claims of injury, illness and/or incapacity.
3. That the physical examinations of Plaintiffs will be conducted by Donald R. Huene, M.D., a licensed physician, with a specialty in orthopedics. Said physical examinations will take place on October 31, 2011, at 9:00 a.m. and 2:00 p.m. respectively, at the office of Donald R. Huene, M.D., 201 North Valeria, Fresno, California, 93701.
4. The examining physician may ask the Plaintiffs what happened to them physically in the subject accident, but may not question the Plaintiffs on how the accident occurred.
5. Plaintiffs' counsel may record or may designate a representative to record the entire audio content of the physical examinations. Plaintiffs' counsel shall inform defense counsel of the full names of any persons who will be present with Plaintiffs at their examinations so that Dr. Huene and his staff may be informed in writing of their names and will authorize these persons to be present for the examinations in accordance with Dr. Huene's practice of preserving the medical privacy rights of patients.
6. The examinations will only be rescheduled or continued if an unavoidable medical emergency occurs in which Dr. Huene's medical expertise is required on an emergent basis. Defendants' counsel will immediately provide Plaintiffs' counsel with a full explanation of any emergent medical event should it occur and should it result in the need for Dr. Huene to reschedule Plaintiffs' examinations or leave Plaintiffs' examinations prematurely.
7. Defendants shall submit to Dr. Huene any and all medical records of Plaintiffs for his review before the examinations.
8. Any paperwork proposed to be completed by Plaintiffs on the day of the exam must be provided to Plaintiffs' counsel at least one week prior to the examinations, or the paperwork will not be completed. Any such written questions will be addressed before or after, but not during, the physical examinations.
9. Plaintiffs will not submit to any blood draws, urine tests, x-rays, CT scans, MRI's or any other radiographic studies.
10. No photographs of Plaintiffs will be permitted.
11. The examinations may not include any diagnostic test or procedure that is painful, protracted, or intrusive.
12. The examining physician shall promptly prepare the report required by Fed. Rule Civ. Proc. 35(b)(1), and counsel for the examining Defendants shall promptly serve a copy of said report on counsel for Plaintiffs.
13. That round trip mileage from Modesto to Fresno (190 miles) at $.50 per mile and $15.00 for meals to be paid in advance of the examination to SEAN DAMON LOUNS through this law firm in the total amount of $110.00.
14. That round trip mileage from Atwater to Fresno (130 miles) at $.50 per mile and $15.00 for meals to be paid in advance of the examination to DARRYL L. HOAGLAND through this law firm in the total amount of $80.00.
15. No other experts, including but not limited to Vocational Rehabilitation consultants and/or any Nursing Consultants, or any other healthcare providers will be allowed at the examinations.
The parties, by one of the undersigned counsel for each party, agree that the Stipulation may be signed by counsel pursuant to Local Court Rule 7-131(e), and that all counsel listed below have authorized the submission of this STIPULATION AND (PROPOSED) ORDER to this Court.
IT IS SO STIPULATED BY:
McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP
Lowell T. Carruth
Attorneys for Defendants
BILL H. STRICKLIN and JEMMCO, INC.
MILES, SEARS & EANNI
Douglas L. Gordon
Attorneys for Plaintiffs
SEAN DAMON LOUNS and DARRYL L.
HOAGLAND
ORDER
GOOD CAUSE HAVING BEEN SHOWN AND THE PARTIES HAVING STIPULATED TO THE SAME, the Court finds that the above-stated Stipulation is sanctioned by the Court, pursuant to Federal Rule of Civil Procedure 35 and shall be and now is the Order of the Court. All Parties in this action shall abide by the terms of this Stipulated Order For the Physical Examinations of Plaintiffs SEAN DAMON LOUNS and DARRYL L. HOAGLAND.
IT IS SO ORDERED.
Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE