Wagnon v. Rocklin Unified School District

1 Carol A. Wieckowski, Esq. (SBN 95586) Cathleen J. Fralick, Esq. (SBN 146378) EVANS, WIECKOWSKI, WARD & SCOFFIELD, LLP University Avenue, Sacramento, CA 95825 Telephone: (916)923-1600 Attorneys for Defendants ROCKLIN UNIFIED SCHOOL DISTRICT, PLACER COUNTY OFFICE OF EDUCATION AND DAVID HAWKINS Public Entity-Public Employees – Filing Fees Waived 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION ALICIA WAGNON in her individual capacity ) CASE NO: 2:17-cv-01666-KJN and as conservator for SULLIVAN R. FROM, ) ) Stipulation and Order Regarding Plaintiffs, ) Independent Mental Examination 12 ) vs. ) Date of IME: October 3, 2022 13 ) Time: 10:00 a.m.

ROCKLIN UNIFIED SCHOOL DISTRICT, ) Location: 5413 Sandpiper Court, Rocklin PLACER COUNTY OFFICE OF ) EDUCATION, DAVID HAWKINS and ) Does 1-30, ) 16 ) Defendants. ) ) 18 ) ) 20 Defendants ROCKLIN UNIFIED SCHOOL DISTRICT, PLACER COUNTY OFFICE OF EDUCATION AND DAVID HAWKINS (Hereinafter “Defendants”) and Plaintiffs hereby stipulate to the following conditions of Plaintiff Sullivan From’s IME: As to the date, time, place and length of the exam, counsel for the parties agree the IME shall take place at Plaintiff’s home 5413 Sandpiper Court, Rocklin 95765, at 10:00 a.m. on October 3, 2022. The length of the exam will be 2.0 hours.

27 Pursuant to the Court’s Order, the court will not set limitations on the kinds of tests Dr. Greene will be allowed to conduct. [See, e.g., Newman, 272 F.R.D. 505 (declining to limit the kinds of tests proposed without evidence that certain tests will be dangerous to the examinee).]

2 Further, no specific limits are set on Dr. Greene’s questioning of Plaintiff Wagnon concerning Plaintiff From’s history. However, defendants are cautioned that Dr. Greene’s exam shall not be harassing to plaintiffs and shall not act as a second deposition. Thus, to the extent Dr. Greene can conduct any investigation of Plaintiff From’s history prior to the examination, so as to lessen the burden on Plaintiff Wagnon, the doctor shall do so.

8 Finally, Plaintiff Wagnon may terminate Dr. Greene’s examination if at any time, she feels, in good faith, that the examination is overly traumatizing to her son. Counsel for plaintiff shall review this good faith standard with Plaintiff Wagnon before the examination and shall make her aware that if the examination is ended early, it will be rescheduled for a future date.

13 However, if the exam is prematurely terminated, it will be rescheduled to continue on a future date. The court will endeavor to make itself available on the day of the examination, should any good faith disputes arise requiring court intervention .

Dated: September 15, 2022 Evans Wieckowski Ward & Scoffield, LLP By: /s/ Cathleen Fralick 19 Cathleen Fralick, Attorney for Defendants Rocklin Unified School District, Placer County Office of Public 21 Education, and David Hawkins Dated: September 26, 2022 Medina, McKelvey LLP By: /s/ Allison Hyatt 25 Allison Hyatt, Attorney for 26 Plaintiffs Alicia Wagnon, in her individual capacity and as conservator for Sullivan 27 From III IOI IIE IEE IEE IIE ED OE ° ORDER It is HEREBY ORDERED that pursuant to the parties’ stipulation above, the Independent Medical Examination will be conducted on the conditions outlined above.

|| Dated: September 28, 2022 7 Fe_sil L 3 KENDALL J.NE UNITED STATES MAGISTRATE JUDGE |} wagn.1666 Stipulation and Order Re IME 2:17-CV-01666-TLN-KIN -3-