Bagos v. City of Vallejo

Summary

This document is a stipulation and order in a federal civil rights action concerning a neuropsychological examination of Plaintiff Angel Bagos under Federal Rule of Civil Procedure 35. The parties set the examination terms, including its scope, duration, testing, recording restrictions, handling of raw data, and reporting requirements; the order was signed by Magistrate Judge Allison Claire on March 31, 2025.

Holdings

1. The court approved and ordered the parties' stipulation permitting defendants to conduct a neuropsychological examination of plaintiff under the specified conditions.
2. Upon request, defendants must provide plaintiff's counsel with Dr. Marreiro's written report containing the examination findings, diagnoses, conclusions, and test results, and plaintiff must provide like reports concerning examinations of the same condition. Requesting or obtaining the report, or deposing the examiner, waives applicable privilege concerning testimony about examinations of the same condition in the relevant controversy.

Questions Presented

1. Whether the court should approve and enforce the parties' stipulation governing defendants' neuropsychological examination of plaintiff under Federal Rule of Civil Procedure 35.
2. What procedures and restrictions should govern the examination, including testing, recording, access to raw data, confidentiality, and exchange of reports.

Disposition

other