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Abdullah v. Wal-Mart Stores, Inc.

United States District Court, D. Nevada

February 6, 2018

SADIYYAH ABDULLAH, Plaintiff,
v.
WAL-MART STORES, INC., DOES l-V and ROE CORPORATIONS Vl-X, inclusive, Defendants.

          Kimberly Valentin Attorney for Plaintiff

          Betsy C. Jefferis Attorney for Defendant

          STIPULATION AND ORDER REGARDING THE RULE 35 EXAMINATION OF PLAINTIFF

         IT IS HEREBY STIPULATED AND AGREED by and between the parties of record, Orlando De Castroverde, Esq. of DE CASTROVERDE LAW GROUP, on behalf of Plaintiff SADIYYAH ABDULLAH; Betsy C. Jefferis, Esq. of PHILLIPS SPALLAS & ANGSTADT on behalf of Defendant WAL-MART STORES, INC., to the following terms and conditions for the Rule 35 medical examination of SADIYYAH ABDULLAH by Dr. Jeffrey Wang.

         1. The examination shall be limited exclusively to Plaintiff's medical conditions that are in controversy in this particular action;

         2. The designated physician shall not ask any questions which are not normally a part of a customary medical examination (e.g. liability, potential monetary recovery, professional criticisms, Plaintiffs motivation for or willingness to pursue the claim, Plaintiffs intentions/thoughts regarding potential monetary recovery, past settlements).

         3. No x-rays, CT scans or MRI's shall be performed during the examination unless advance permission is sought and approved in writing;

         4. No mental or psychological examinations of Plaintiff shall be allowed;

         5. Any paperwork or forms that Defendant's designated physician expects Plaintiff to fill out and/or sign at the time of the Rule 35 medical examination, shall be submitted to Plaintiff's counsel for her review and approval a minimum of 5 days prior to the examination.

         6. The examination will be limited to the date and time agreed to by counsel. The designated physician shall not contact Plaintiff before or after the examination.

         7. The designated physician may not engage in ex parte contact with Plaintiffs health care providers or other experts.

         8. Plaintiff will not bring any medical records or films to the exam, as Defense counsel may provide these to the designated physician.

         9. Both parties are permitted to audio record the examination if they so choose.

         10. Defense Counsel shall provide the designated physician with a copy of these terms and advise the designated physician that the examination is contingent on the physician adhering to each and every rule.

         11. Within ten (10) days of receipt by Defense Counsel, or by the initial expert deadline, whichever is sooner, Defense Counsel shall provide Plaintiff's Counsel with a copy of all reports and writings generated by the examining physician and/or the physician's staff regarding this matter, including, but not limited to: A copy of a detailed written report setting forth history, examination, ...


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