United States District Court, D. Nevada
Kimberly Valentin Attorney for Plaintiff
C. Jefferis Attorney for Defendant
STIPULATION AND ORDER REGARDING THE RULE 35
EXAMINATION OF PLAINTIFF
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.
examination shall be limited exclusively to Plaintiff's
medical conditions that are in controversy in this particular
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).
x-rays, CT scans or MRI's shall be performed during the
examination unless advance permission is sought and approved
mental or psychological examinations of Plaintiff shall be
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.
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.
designated physician may not engage in ex parte contact with
Plaintiffs health care providers or other experts.
Plaintiff will not bring any medical records or films to the
exam, as Defense counsel may provide these to the designated
parties are permitted to audio record the examination if they
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.
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, ...