Alejandre v. County of San Joaquin ( 2020 )

1 || Gregory B. Thomas (SBN 239870) E-mail: gthomas@bwslaw.com 2 || Gregory R. Aker (SNB 104171) E-mail: gaker@bwslaw.com 3 || Michael A. Slater (SBN 318899) E-mail: mslater@bwslaw.com 4 | BURKE, WILLIAMS & SORENSEN, LLP 1901 Harrison Street, Suite 900 5 || Oakland, CA 94612-3501 Tel: 510.273.8780 Fax: 510.839.9104 6 Attorneys for Defendants COUNTY OF SAN 7 || JOAQUIN, STEVEN BAXTER, MATTHEW FELBER, CHUE VANG, JASON ROHDENBURG 8 || and BARBARA GOEMAN (collectively “SAN JOAQUIN COUNTY DEFENDANTS”) 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 ||CINDY M. ALEJANDRE; and DAVID Case No. 2:19-cv-00233-WBS-KJN B GONZALEZ II as Co-Successors-in-Interest STIPULATION REGARDING MENTAL D Davi lez III to Decedent David Gonzalez III, EXAMINATION OF PLAINTIFF CINDY 14 ALEJANDRE PURSUANT TO F.R.C.P. 35; 5 Plaintiffs ORDER RE: MENTAL EXAMINATION Vv Date: January 11, 2021 16 . Time: 9:30 a.m. Place: Golden State Reporting & Video COUNTY OF SAN JOAQUIN, a poming © municipal corporation; STEVEN 1776 West March Lane, Suite 320 1g || BAXTER, individually and in his capacity Stockton California 95207 as a Sheriff's deputy for the COUNTY OF (209) 466-2900 19 SAN JOAQUIN Sheriff?’s Department; MATTHEW FELBER, individually and in □□□ 0 his capacity as a Sheriff's deputy for the Complaint Filed: February 7, 2019 COUNTY OF SAN JOAQUIN Sheriff's Trial Date: May 4, 2021 1 Department; CHUE VANG, individually and in his capacity as a Sheriff’s deputy for 09 the COUNTY OF SAN JOAQUIN Sheriff's Department; JASON 3 ROHDENBURG, individually and in his capacity as a Sheriff’s deputy for the COUNTY OF SAN JOAQUIN Sheriff's Department; BARBARA GOEMAN and 25 DOES 1-25, inclusive, individually and in their official capacity as Sheriff's Deputies %6 for the COUNTY OF SAN JOAQUIN Sheriff's Department, 27 Defendants. 28 E, WILLIAMS & STIP RE MENTAL EXAMINATION OF PLTF TTP OAK #4825-5114-3886 v1 C. ALEJANDRE PURSUANT TO □□□□□□□□ 35; 1 IT IS HEREBY STIPULATED by and between Plaintiff CINDY ALEJANDRE 2 || (‘Plaintiff’) and Defendants COUNTY OF SAN JOAQUIN, STEVEN BAXTER, MATTHEW 3 || FELBER, CHUE VANG, JASON ROHDENBURG and BARBARA GOEMAN (collectively 4 || “SAN JOAQUIN COUNTY DEFENDANTS’) (collectively “Defendants”), by and through their 5 || respective counsel, that Plaintiff will undergo a mental examination pursuant to Federal Rule of 6 || Civil Procedure (“Rule”) 35. 7 Rule 35 permits “[t]he court where the action is pending [to] order a party whose mental . 8 || .. condition . ..is in controversy to submit to a... mental examination by a suitably licensed or 9 || certified examiner.” Fed. R. Civ. P. 35(a)(1). “To permit such an examination, Defendant must 10 || establish that: (1) Plaintiff has placed his condition in controversy, and (2) good cause exists for 11 || the examination.” Tan v. City & County of San Francisco, No. C 08-01564 MEJ, 2009 WL 12 || 594238, * 1 (N.D. Cal. March 4, 2009) (citing Schlagenhauf v. Holder, 3798 U.S. 104, 116-17 13 || (1964)). 14 Plaintiff does not dispute that she has put her mental condition in controversy by claiming 15 || severe emotional distress as a result of the events giving rise to this lawsuit, and Plaintiff has 16 || stipulated to a comprehensive mental examination as follows: 17 1. The date and time for the mental examination will be January 11, 2021 at 9:30 18 || a.m. Pacific Time. 19 2. The mental examination will be performed by Victor Reus, M.D., a board certified 20 || psychiatrist. Attached to this Stipulation as Exhibit “A” is a true and correct copy of Dr. Reus’s 21 |) Curriculum Vitae setting forth his qualifications and background. 22 3. The location for the mental examination will be Golden State Reporting & Video, 23 || 1776 West March Lane, Suite 320, Stockton, CA 95207; (209) 466-2900. 24 4. That the only parties present during the examination will be Plaintiff, Dr. Reus and 25 || any member of Dr. Reus’s staff necessary to facilitate the examination. 26 5. That Plaintiff Cindy Alejandre, Dr. Reus and any of Dr. Reus’s staff will wear face 27 || coverings during the mental examination and comply with all local health orders in light of the 28 || COVID-19 pandemic. LLP ga 94995-5114-3886 v -2- —CCALEIANDRE PURSUANT □□□□□□□□ 35: 1 6. The Comprehensive Psychiatric Examination will be performed in two parts: 2 a. An oral examination, including: 3 1. taking a complete history (Family History, Educational History, 4 Social History, Past Medical History, Past Psychological/ 5 Psychiatric History, Employment History, Legal History, History of 6 the Incident, Subsequent Clinical Course and 7 Psychological/Psychiatric Treatment) 8 b. an oral mental status examination (specific questions to assess mental 9 functioning, mood, affect, capacity for abstraction, judgment, etc.) 10 C. the administration of two psychological test instruments: 11 1. The Hamilton Depression Rating Scale 12 li. The Rey Memory Test 13 Estimated time for the Comprehensive Psychiatric Examination is four-to-five hours 14 || including an oral examination and psychological testing — depending on the examinee’s pace. No 15 || one other than the examinee is entitled to be present during the examination and there will be no 16 || video or audio recording of any portion of the examination. Plaintiff is required to wear a face 17 || covering and follow all local COVID-19 regulations. 18 It is further stipulated that, following the examination, a copy of Dr. Reus’s report related 19 || to the examination will be produced to Plaintiffs counsel as required by Rule 35. 20 || ISSO STIPULATED. 21 || Dated: November 19, 2020 BURKE, WILLIAMS & SORENSEN, LLP 22 By:__/s/ Gregory B. Thomas 23 Gregory B. Thomas Gregory R. Aker 24 Michael A. Slater Attorneys for Defendants COUNTY OF 25 SAN JOAQUIN, STEVEN BAXTER, MATTHEW FELBER, CHUE VANG, 26 JASON ROHDENBURG and BARBARA GOEMAN 27 28 E, WILLIAMS & STIP RE MENTAL EXAMINATION OF PLTF TTP OAK #4825-5114-3886 v1 -3- C. ALEJANDRE PURSUANT TO □□□□□□□□ 35; 1 || Dated: November 19, 2020 LAW OFFICES OF JOHN L. BURRIS 2 3 By:_/s/ Dewitt M. Lacy John L. Burris 4 Dewitt M. Lacy K. Chike Odiwe 5 Attorneys for Plaintiffs CINDY M. ALEJANDRE and 6 DAVID GONZALEZ IT 7 SIGNATURE ATTESTATION 8 In accordance with Civil Local Rule 5(i)(3), I, Gregory B. Thomas, attest that I have 9 || obtained concurrence in the filing of this documents from the other signatory listed above. 10 11 By:___/s/ Gregory B. Thomas 12 GREGORY B. THOMAS, ESQ. 13 14 15 ORDER 16 Pursuant to Plaintiff Cindy Alejandre’s and Defendants’ Stipulation and for good cause 17 || shown, the above Stipulation is accepted, adopted and made the Order of the Court. 18 || Dated: November 23, 2020 19 00 AO 20 KENDALL J.NE UNITED STATES MAGISTRATE JUDGE 21 alej.233 22 23 24 25 26 27 28 E, WILLIAMS & STIP RE MENTAL EXAMINATION OF PLTF LLP OAK #4825-5114-3886 v1 -4- C. ALEJANDRE PURSUANT TO □□□□□□□□ 35: