United States District Court, W.D. Washington, Seattle
M. Visan, CARSON & NOEL PLLC, Attorneys for Plaintiff.
M. Visan, Todd W. Wyatt, Marina M. Visan, CARSON & NOEL
PLLC, Attorneys for Plaintiff.
STIPULATION AND ORDER FOR RULE 35 EXAM.
S. Zilly United States District Judge.
seeks recovery for alleged emotional distress, which is
alleged to be the result of the acts and omissions of the
Defendants. The Defendants have requested an examination
pursuant to FRCP 35. A Rule 35 rule requirement is that there
be a mental or physical condition “in
controversy.” The parties desire to stipulate to the
following without the need for Defendants to file a motion to
make a showing of good cause
understood and therefore stipulated that: 1. The Rule 35
examination shall take place at the offices of Dr. Mark
McClung located at 1200 Fifth Avenue, Suite 2010, Seattle, WA
Rule 35 Examination shall occur beginning at 8:30 am on
August 1, 2017.
Rule 35 examination shall be conducted by Dr. Mark McClung
(“Examiner”). It may consist of a psychiatric
interview and administration of a written test and short
questionnaires. The Examination with testing shall last no
longer than six (6) hours, aside from a lunch break and any
other breaks or other delays caused by the Plaintiff or his
Plaintiff shall have the right to have a single
representative present at the examination who may take notes
and videotape and/or audiotape the proceedings, at no extra
charges by the Examiner, so long as Plaintiff provides the
name of the representative in advance of the examination. If
Plaintiff s representative records the examination (video or
audio), Plaintiff will provide a copy of the recording to
Defendants within five (5) business days after the
examination. Plaintiffs representative will not interfere
with or obstruct the examination unless the scope of the
examination invades attorney-client or other privileges
belonging to Mr. Davis, or violates the terms of this
agreement. Defendants have no right to have a representative
present at the examination.
Examiner shall make a written report of the exam; the
attorneys for Defendants shall cause a copy of the report to
be delivered to Plaintiffs counsel within five (5) business
days of its receipt by Defendants' counsel, and no later
than thirty (30) calendar days after the date of the exam.
The written report of the examination shall be detailed and
set forth separately:
a. The findings made by the Examiner;
b. The results of all tests made by or done at the request of