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Askew v. Clark County Nevada

United States District Court, D. Nevada

January 8, 2020

KIMBERLY TERESE ASKEW, Plaintiff,
v.
CLARK COUNTY, NEVADA; CHIEF JASON ALLSWANG, in his individual capacity; OFFICER STEPHANIE CLEVINGER, in her individual capacity; OFFICER TIFFANY BONNELL, in her individual capacity; DETECTIVE SANDRA SOUTHWELL, in her individual capacity; THE ANIMAL FOUNDATION; and DOES I through XXV, Defendants.

          THOMAS D. DILLARD, JR., ESQ. Nevada Bar No. 006270 STEPHANIE A. BARKER, ESQ. Nevada Bar No. 003176 OLSON CANNON GORMLEY & STOBERSKI Attorneys for Defendants Clark County, Jason Allswang, Stephanie Clevinger, Tiffany Bonnell, and The Animal Foundation

          PAOLA M. ARMENI, ESQ. Nevada Bar No. 8357 Attorneys for Plaintiff

          Lyssa S. Anderson, Esq. Nevada Bar No. 5781 Ryan W. Daniels, Esq. Nevada Bar No. 13094 Attorneys for Defendant Sandra Southwell

          STIPULATION AND ORDER RE: RULE 35 PSYCHOLOGICAL EXAMINATION OF PLAINTIFF AND EXTENSION OF EXPERT DISCLOSURE DEADLINES ACCORDINGLY

         IT IS HEREBY STIPULATED AND AGREED, by and between Defendants CLARK COUNTY, JASON ALLSWANG, STEPHANIE CLEVINGER, TIFFANY BONNELL and Defendant THE ANIMAL FOUNDATION (collectively the "CLARK COUNTY DEFENDANTS") through their attorneys THOMAS D. DILLARD, JR., ESQ. and STEPHANIE A. BARKER, ESQ. of the law firm of OLSON CANNON GORMLEY & STOBERSKI, and by Defendant SANDRA SOUTHWELL through her attorney LYSSA S. ANDERSON, ESQ. of the law firm KAEMPFER CROWELL, and by Plaintiff KIMBERLY TERESE ASKEW through her attorney PAOLA M. ARMENI, ESQ., of the law firm CLARK HILL, that an FRCP Rule 35 Examination of Plaintiff KIMBERLY TERESE ASKEW may be conducted as follows:

         1. The Independent Psychological Examination (IPE) will be conducted by Dr. Lewis M. Etcoff, Ph.D., at his offices located at 8475 S. Eastern Avenue, Suite #205, in Las Vegas, NV, 89123.

         2. Plaintiff KIMBERLY TERESE ASKEW, will present herself to Dr. Etcoff s offices for completion of questionnaires and testing on February 11, 2020, commencing at 1:30 p.m., for approximately three hours.

         3. Plaintiff KIMBERLY TERESE ASKEW, will present herself to Dr. Etcoff s offices for examination with Dr. Etcoff on February 18, 2020, from 9:00 a.m. to 5:00 p.m. The examination will encompass the full day, with a lunch break of one hour and fifteen minutes, and several breaks of 10-15 minutes throughout the day, as necessary.

         4. In compliance with FRCP 35(a)(2)(B), the manner, condition, and scope of the examination as described by Dr. Etcoff, will be as set forth in the attached Exhibit "A" - "Scope of a 1 Day Evaluation." This statement is not intended to limit reasonable and relevant questioning by Dr. Etcoff which in his professional judgment is reasonable and necessary to a complete evaluation, depending upon the nature and scope of the information learned during the examination.

         5. The report prepared by Dr. Etcoff in accordance FRCP Rule 35 will be titled as "Report Regarding Rule 35 Examination."

         6. The examination and interview of Plaintiff by Dr. Etcoff will be subject to audio recording as though performed in accordance with Nevada Rule of Civil Procedure 35(a)(3); the recording will be an audio recording only, and as the party requesting the recording, Plaintiff must arrange and pay for the recording and provide a copy of the recording to defense counsel of record for the Clark County Defendants, and to defense counsel of record for Defendant Southwell.

         7. Dr. Etcoff will refrain from inquiry into "liability" in this matter as liability determinations call for legal conclusions to be made by the court and/or factual conclusions to be made by the trier of fact.

         8. It is the Clark County Defendants' intention to have Dr. Etcoff inquire as to Plaintiffs claim that her recent diagnosis of breast cancer is correlated to this suit. Plaintiffs agreement to allow Dr. Etcoff to do an independent psychological evaluation should not be construed as a waiver of any right to object to any findings and/or opinions of Dr. Etcoff.

         9. To accommodate the foregoing February 2020 examination dates, as the next available dates on Dr. Etcoff s calendar, the parties agree that it is appropriate to extend discovery deadlines as to experts only. As to all other issues the discovery deadline will remain on April 7, 2020. As to the ...


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