Opinion
CASE NO. 4:09-CV00284 SBA
11-22-2011
FRANK SCHAFFNER, Plaintiff, v. CROWN EQUIPMENT CORPORATION dba CROWN LIFT TRUCKS; NORTH WEST HANDLING SYSTEMS, INC., Defendant.
LEWIS BRISBOIS BISGAARD & SMITH LLP CHRISTOPHER J. NEVIS, SB# 162812 NORA M. NACHTSHEIM, SB# 221618 BEAU R. BURBIDGE, SB# 267267 Attorneys for Defendant NORTH WEST HANDLING SYSTEMS, INC.
LEWIS BRISBOIS BISGAARD & SMITH LLP
CHRISTOPHER J. NEVIS, SB# 162812
NORA M. NACHTSHEIM, SB# 221618
BEAU R. BURBIDGE, SB# 267267
Attorneys for Defendant NORTH WEST HANDLING SYSTEMS, INC.
[PROPOSED] ORDER COMPELLING THE PHYSICAL EXAMINATION OF PLAINTIFF
Date: November 23, 2011
Time: 11:00 a.m.
Dept.: Courtroom G- 15 Floor
Judge: Honorable Joseph C. Spero
Defendant NORTH WEST HANDLING SYSTEMS, INC.'S ("NWHS") Motion for an Order Compelling Plaintiff FRANK SCHAFFNER (''Plaintiff") to appear for and submit to a physical examination by Dr. John O. Missirian, M.D., will be decided without a hearing JCS Having reviewed and considered the documents submitted in support of the motion, and no opposition - JCS having been filed IT IS HEREBY ORDERED THAT:
1. NWHS' motion for an order compelling Plaintiff to appear for and submit to a physical examination by Dr. John O. Missirian, M.D., is granted.
2. Dr. Missirian will perform a non-invasive physical examination of Plaintiff. This examination will consist of a medical, social and family history from Plaintiff; performing non-painful, non-protracted, non-intrusive tests; performing a medical exam, if deemed necessary; taking x-rays or an MRI, if deemed necessary; and reviewing records to render a proper diagnosis, prognosis, and medical conclusion.
3. The examination will take place on November 30, 2011 at 1:45 p.m. in Dr. Missirian's office, located at 1800 Sullivan Avenue, Suite 402, Daly City, California 94015.
4. Dr. Missirian shall provide his report on the examination to both Plaintiff and NWHS within 10 days following the exam.
5. Counsel for Plaintiff may attend Dr. Missirian's examination.
6. If for any reason Plaintiff is unable to make the appointment as scheduled, a $450 cancellation/no show fee will be borne by Plaintiff.
IT IS SO ORDERED.
Judge Joseph C. Spero