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Hanson v. State Farm Mutual Automobile Insurance Co.

United States District Court, W.D. Washington, Seattle

May 16, 2017

EILEEN HANSON, Plaintiff,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

          MOORE & DUDLEY LAW FIRM, PLLC, Joseph W. Moore, Attorney for Plaintiff

          FALLON MCKINLEY & WAKEFIELD, PLLC Scott C. Wakefield, Attorney for Defendant State Farm

          OLIVE|BEARB, LAW GROUP, PLLC, Kyle C. Olive, Attorney for Plaintiff.

          ORDER

          JOHN C. COUGHENOUR UNITED STATES DISTRICT JUDGE

         This matter comes before the Court on the parties' stipulation to conduct a Federal Rule of Civil Procedure 35 examination of Plaintiff Eileen Hanson (Dkt. No. 21).

         STIPULATION

         It is hereby stipulated by and between the parties through their undersigned counsel that Defendant State Farm Mutual Automobile Insurance Company shall be permitted to conduct a Federal Rule of Civil Procedure 35 examination of Plaintiff Eileen Hanson pursuant to the terms of this Stipulation. The undersigned counsel have agreed to the following for the Rule 35 examination:

         PRE-EXAMINATION PROCEDURES

         1. If Plaintiff is going to be asked to complete any forms, those forms shall be delivered to Plaintiff's attorney at least seven (7) days prior to the examination. Plaintiff, through counsel, shall deliver the appropriately completed forms to the Examiner at or before the time of the examination.

         2. A copy of the Stipulation shall be given to the Examiner at least seven (7) days before the examination. DEFENDANT'S ATTORNEYS SHALL BE RESPONSIBLE TO SEE THAT THE EXAMINER IS APPRISED OF THE LIMITATIONS HEREIN AND THE DUTY TO COMPLY WITH THEM.

         THE EXAMINATION

         3. Plaintiff shall have the right to have a representative present at the examination. The representative shall not interfere with or otherwise disrupt the examination. The fact that a representative is present to represent Plaintiff may be the subject of an order in limine with each side reserving their right to argue for its admissibility at trial.

         4. No person, other than the Examiner, shall participate in any way in the examination or in the evaluation or diagnosis (except technical staff).

         5. No questions shall be asked of Plaintiff by the Examiner or staff related to negligence or legal liability. Said restrictions do not limit inquiry into the facts and circumstances of the injury, prior medical history, treatment and the physical dynamics of the ...


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