Symeonides v. Trump Ruffin Commercial LLC

1 || PETER S. CHRISTIANSEN, ESQ.

Nevada Bar No. 5254 || [email protected] R. TODD TERRY, ESQ.

3 || Nevada Bar No. 6519 [email protected] || KEELY P. CHIPPOLETTI, ESQ.

Nevada Bar No. 13931 || [email protected] CHRISTIANSEN TRIAL LAWYERS || 710 South 7 Street, Suite B Las Vegas, Nevada 89101 \| Telephone: (702) 240-7979 Facsimile: (866) 412-6992 || Attorneys for Plaintiff 9 UNITED STATES DISTRICT COURT | 10 DISTRICT OF NEVADA 1] || SEBASTIAN SYMEONIDES, an Individual, CASE NO. 2:23-cv—00854-JAD-MDC 13 Plaintiff, 7 4 VS. STIPULATION AND ORDER TRUMP RUFFIN COMMERCIAL, LLC, a REGARDING FRCP 35 Foreign Limited-Liability Company d/b/a PHYSICAL EXAMINATION OF || TRUMP INTERNATIONAL LAS VEGAS and PLAINTIFF SEBASTIAN TRUMP INTERNATIONAL HOTEL & SYMEONIDES || TOWER LAS VEGAS; TRUMP RUFFIN TOWER I, LLC, a Foreign Limited-Liability || Company; TRUMP INTERNATIONAL HOTELS MANAGEMENT, LLC, a Foreign || Limited-Liability Company; OTIS ELEVATOR CORPORATION, a Foreign Corporation; DOES || I through X, inclusive; and ROE BUSINESS ENTITIES I through XX inclusive, Defendants.

23 || /// 24 /// |} /// |} /// | /// 2:23-cv—00854-JAD-VC Stipulation and Order re: FRCP 3 Physical Examination of Plaintit 1 IT IS HEREBY STIPULATED by and between Plaintiff SEBASTIAN SYMEONIDE: || (‘Plaintiff’), and Defendant OTIS ELEVATOR COMPANY and Defendant TRUMP □□□□□□ || TOWER I, LLC, erroneously sued herein as TRUMP RUFFIN COMMERCIAL, LLC, d/b/ ||TRUMP INTERNATIONAL LAS VEGAS and TRUMP INTERNATIONAL HOTEL & || TOWER LAS VEGAS; and TRUMP INTERNATIONAL HOTELS MANAGEMENT, LL¢ || (collectively, “Defendants’’), that the following terms and conditions shall apply to the physica ||examination of Plaintiff to be conducted by Jeffrey Wang, M.D., in this matter on behalf o || Defendants and pursuant to Rule 35 of the Federal Rules of Civil Procedure (the ‘examination’?

9 1. The examination shall commence on March 8, 2024 at 8:00 a.m. at Consultant | 10 || Medical Group, located at 2500 W. Sahara Ave., Suite 207, Las Vegas, Nevada 89102.

11 2. The duration of the examination of Plaintiff shall not exceed 1.5 hours. Dr. Wan.

12 || shall use his best efforts to complete the examination in | hour or less. = 13 3. The manner and conditions for the examination shall include discussion o || Plaintiffs medical history as it relates to his injuries (including causation) and current symptom < 15 || and conditions.

16 4. The scope of the examination shall be limited to Plaintiff's medical history | 17 || injuries (including causation), and current symptoms and conditions.

7 18 5. The topics in which Dr. Wang anticipates discussing with Plaintiff include hi ||medical history as it relates to his injuries (including causation) and current symptoms o || conditions.

21 6. The examination shall be limited exclusively to those conditions of Plaintiff the || are in controversy in this litigation and to those areas of Plaintiff's body that Dr. Wang deem || relevant to the conditions of Plaintiff that are in controversy.

24 7. Plaintiff retains the right to: (a) have an observer of choice present throughout th || examination; (b) have an interpreter present if Plaintiff believes that an interpreter is necessary t || facilitate communication with the examiner; and (c) take notes or appoint an observer to tak 27 notes during the examination.

2:23-cv—00854-JAD-VC Stipulation and Order re: FRCP 3 Physical Examination of Plaintit 1 8. No imaging tests shall take place during the examination. Further, no physica ||diagnostic tests or procedures that are painful, intrusive or unreasonably invasive shall b || permitted.

4 9. Plaintiff is not expected to appear for the examination with any diagnostic testing ||images or medical records. Defendant is responsible for providing any and all medical billing ||records and diagnostic films to be considered by Dr. Wang to his office for consideration.

7 10. _— Plaintiff shall not have to wait any longer than reasonably necessary (30 minutes || to see Dr. Wang.

9 11. — Plaintiff will complete all forms provided by Dr. Wang that relate to his medicz | 10 || condition, history, injuries, symptoms and conditions at issue in this litigation, so long as suc || forms are provided to Plaintiff's counsel prior to the exam. However, Plaintiff shall not answe || any questions which pertain to issues of liability or his relationship to Defendants. = 13 12. Dr. Wang shall be provided with a copy of this Stipulation prior to th || examination.

15 13. The Defense shall produce to Plaintiffs counsel a copy of the report prepared b || Dr. Wang within 30 days after the examination, or in accordance with the applicable □□□□ | 17 || disclosure deadline, whichever shall occur first.

7 18 14. The report prepared by Dr. Wang must be in writing and must set out in detail hi || findings, including diagnoses, conclusions, and the results of any tests.

20 15. Plaintiff shall not pay or incur any fee in conjunction with the examination.

21 16. ‘Plaintiff shall use his best efforts to appear at the office of Dr. Wang at th || scheduled examination start time.

23 17. Plaintiff shall bring and wear his contact lenses or glasses, and his prescriptio || medications and medical equipment/devices that relate to his medical condition, history, injuries || symptoms and conditions at issue in this litigation, if such are required, for the examination.

26 18. — Plaintiff shall be entitled to depose Dr. Wang in accordance with his fee schedul || and call him as a fact and/or expert witness at the time of trial, if Plaintiff so chooses. Plaintit 2:23-cv—00854-JAD-VC Stipulation and Order re: FRCP 3 Physical Examination of □□□□□□□□ ||shall also be entitled to introduce evidence of how Dr. Wang became involved in the case, a ||necessary to lay the foundation for Dr. Wang’s opinions.

3 19. Plaintiff intends to make an audio recording of the examination at Plaintiff's sol || expense, and a transcript will be created from the audio recording at Plaintiff's sole expense. > CHRISTIANSEN TRIAL LAWYERS TUCKER ELLIS LLP /s/ Keely Chippoletti /s/ V. Sathienmars PETER S. CHRISTIANSEN, ESQ. SU-LYN COMBS Nevada Bar No. 5254 Admitted Pro Hac Vice (Dkt. 22) || R. TODD TERRY, ESQ. TUCKER ELLIS LLP Nevada Bar No. 6519 515 South Flower Steet, 42" Floor . ; . os Angeles, || KEELY P. CHIPPOLETTI, ESQ Los Angeles, CA 90071 ll Nevada Bar No. 13931 South 7th Street V. SATHIENMARS 7 12 || Las Vegas, NV 89101 Admitted Pro Hac Vice (Dkt. 21) = Attorneys for Plaintiff TUCKER ELLIS LLP x 13 201 Mission Street, Suite 2310 14 San Francisco, CA 94105 < 15 Attorneys for Defendant Otis Elevator Co.

16 || LEWIS BRISBOIS BISGAARD & SMITH | LLP || □ Yilmaz Turkeri || DAVID B. AVAKIAN, ESQ.

Nevada Bar No. 9502 || yILMAZ TURKERI, ESQ.

21 || Nevada Bar No. 15468 6385 South Rainbow Blvd., Suite 600 || Las Vegas, NV 89118 73 Attorneys for Defendant Trump Ruffin Tower I, LLC, erroneously sued herein as || Trump Ruffin Commercial, LLC, d/b/a Trump International Vegas and Trump || International Hotel & Tower Las Vegas; 2% and Trump International Hotels Management, LLC 2:23-cev—00854-JAD-VC Stipulation and Order re: FRCP 3 Physical Examination of □□□□□□□□ 2 af’ # ORDER iy fe 4 —_ fy 5 IT IS SO ORDERED. The parties ff must use the correct case number i ff 6 in all future filings.

7 United States Magistrate Judge 9 Dated: 3/5/24

= 12

| 16

From: Sathienmars, Vasudhsiri T. [email protected] ¢ Subject: RE: Re: [EXT] Symeonides v Trump - Plaintiff's IME and Deposition Date: March 1, 2024 at 12:49PM To: Turkeri, Yilmaz [email protected], Keely Chippoletti [email protected] Ce: Combs, Su-Lyn su-lyn.combs @tuckerellis.com, Avakian, David [email protected], Esther Barrios Sandoval [email protected], Aicklen, Josh Cole Josh.Aicklen @lewisbrisbois.com, Kurilla, Peggy [email protected] , [email protected], [email protected], [email protected], [email protected], [email protected], R. Todd Terry todd @christiansenlaw.com, [email protected], GHerrera @twdinjurylaw.com, [email protected], [email protected], Collins, Nathaniel Nathaniel.Collins @lewisbrisbois.com, Jauffret, Eric J. [email protected], Villegas, Stella Stella. Villegas TuckerEllis.com, Pasynkova, Anna Anna.Pasynkova@ TuckerEllis.com Ok to e-sign with the /s/ for Otis Elevator, FYI, | did update the signature block for Otis in the attached so that you can /s/ on behalf of my law firm (vs. Rebecca’s). Thanks Keely!

V. Sathienmars | Counsel | Tucker Ellis LLP Mission Street Suite 2310 | San Francisco, CA 94105 Direct: 415-617-2126 | Fax: 415-617-2409 | Mobile: 818-640-7125 [email protected] tuckerellis.com | Attorney Profile This e-mail is sent by the law firm of Tucker Ellis LLP and may contain information that is privileged or confidential. If you are not the intended recipient, please delete the e- mail and notify us immediately by return email.

From: Turkeri, Yilmaz <Yilmaz. [email protected]> Sent: Friday, March 1, 2024 12:47 PM To: Keely Chippoletti <[email protected]>; Sathienmars, Vasudhsiri T. <Vasudhsiri.Sathienmars @tuckerellis.com> Cc: Combs, Su-Lyn <su-lyn.combs @tuckerellis.com>; Avakian, David <David.Avakian @lewisbrisbois.com>; Esther Barrios Sandoval <[email protected]>; Aicklen, Josh Cole <Josh.Aicklen @lewisbrisbois.com>; Kurilla, Peggy <[email protected]>; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; R. Todd Terry <todd @christiansenlaw.com>; JTronfeld @twdinjurylaw.com; GHerrera @twdinjurylaw.com; [email protected]; jnewby @twdinjurylaw.com; Collins, Nathaniel <Nathaniel.Collins @lewisbrisbois.com>; Jauffret, Eric J. <[email protected]>; Villegas, Stella <Stella. Villegas @TuckerEllis.com>; Pasynkova, Anna <Anna.Pasynkova @TuckerEllis.com> Subject: RE: [EXT] Re: Symeonides v Trump - Plaintiff's IME and Deposition <<< EXTERNAL EMAIL >>> Hi Keely, You can add my e-signature.

Thanks.

Yilmaz E. Turkeri L EW| S vey Cc Yilmaz. [email protected] BR ISBOIS T: 702.693.4311 F: 702.366.9563 6385 South Rainbow Blvd., Suite 600, Las Vegas, NV 89118 | LewisBrisbois.com Representing clients from coast to coast. View our locations nationwide.

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From: Keely Chippoletti <[email protected]> Sent: Friday, March 1, 2024 12:22 PM To: Sathienmars, Vasudhsiri T. <Vasudhsiri.Sathienmars @tuckerellis.com> Cc: Combs, Su-Lyn <su-lyn.combs @tuckerellis.com>; Avakian, David <David.Avakian @lewisbrisbois.com>; Esther Barrios Sandoval <[email protected]>; Aicklen, Josh Cole <[email protected]>; Kurilla, Peggy <[email protected]>; Turkeri, Yilmaz <Yilmaz. [email protected]>; rmecham @rmcmlaw.com; [email protected]; [email protected]; [email protected]; [email protected]; R. Todd Terry <[email protected]>; [email protected]; GHerrera @twdinjurylaw.com; jrobertson @twdinjurylaw.com; jnewby @twdinjurylaw.com; Collins, Nathaniel <Nathaniel.Collins @lewisbrisbois.com>; Jauffret, Eric J. <[email protected]>; Villegas, Stella <Stella. Villegas @ TuckerEllis.com>; Pasynkova, Anna <Anna.Pasynkova@ TuckerEllis.com> Subject: [EXT] Re: Symeonides v Trump - Plaintiff's IME and Deposition The final stip is attached. My firm will have to file it because it’s on our pleading paper. We just need email confirmation from you and someone from David’s office that it’s okay to submit with your electronic signatures.

Thanks!

Keely Perdue Chippoletti Attorney Christiansen Trial Lawyers