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STIPULATION AND ORDER REGARDING

FED.R.CIV.PRO. 35 EXAMINATION OF

PLAINTIFF - 1

Law Offices

T. JEFFREY KEANE, PLLC

14205 SE 36th Street, Suite 325

Bellevue, Washington 98006

425-460-2294 • Facsimile 425-401-8491

 1956949.1

The Hon. Ronald B. Leighton

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

BRENDA L. ENGHAUS, a married individual,

Plaintiff,

vs.

CHRISTOPHER C. KAIN and JANE DOE

KAIN, husband and wife and the marital

community composed thereof, CHRISTOPHER

C. KAIN, M.D., INC., P.S., a Washington

professional service corporation, HARRISON

MEDICAL CENTER, a Washington nonprofit

corporation ,

Defendants.

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No. CV 05-5721 RBL

STIPULATION AND ORDER

REGARDING FED.R.CIV.PRO.

35 EXAMINATION OF

PLAINTIFF

Case 3:05-cv-05721-RBL Document 34 Filed 01/18/07 Page 1 of 6
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STIPULATION AND ORDER REGARDING

FED.R.CIV.PRO. 35 EXAMINATION OF

PLAINTIFF - 2

Law Offices

T. JEFFREY KEANE, PLLC

14205 SE 36th Street, Suite 325

Bellevue, Washington 98006

425-460-2294 • Facsimile 425-401-8491

 1956949.1

STIPULATION

IT IS HEREBY stipulated and agreed by and between the parties through their

respective counsel of record, that plaintiff shall attend a Fed.R.Civ.Pro. 35 examination

subject to the conditions contained in the following Order.

DATED this 15th day of January, 2007.

LAW OFFICES OF T. JEFFREY WILLIAMS KASTNER & 

KEANE, PLLC GIBBS, PLLC

By: /s/_____________________________ By: /s/__________________________

 T. Jeffrey Keane, WSBA #8465 Elizabeth McAmis, WSBA #24224

 Attorney for Plaintiff Attorney for Defendants Kain

JOHNSON, GRAFFE, KEAY, MONIZ

& WICK, LLP

By: /s/____________________________

 Eugene Studer, WSBA #20175

 Attorney for Harrison Hospital

ORDER

This matter having come before this Court by stipulation of the parties, it is hereby

ORDERED, ADJUDGED, AND DECREED that plaintiff, Brenda Enghaus n/k/a Brenda

Foot, is to be examined pursuant to Fed.R.Civ.Pro. 35 under the following conditions:

1. Plaintiff will be examined by Cathy Elvins, OTR/L, CHT, at the request of

defendant Kain, on January 18, 2007 starting at 8:00 a.m., at NW Sports Physical Therapy,

Case 3:05-cv-05721-RBL Document 34 Filed 01/18/07 Page 2 of 6
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STIPULATION AND ORDER REGARDING

FED.R.CIV.PRO. 35 EXAMINATION OF

PLAINTIFF - 3

Law Offices

T. JEFFREY KEANE, PLLC

14205 SE 36th Street, Suite 325

Bellevue, Washington 98006

425-460-2294 • Facsimile 425-401-8491

 1956949.1

4411 Pt. Fosdick Drive, Suite 101, Gig Harbor, Washington. The examination will not

exceed four hours. Fine and gross motor testing of hands and upper extremities will be done

during the examination, including the following specific tests (the plaintiff’s heart rate shall

be monitored with a heart rate monitor during the testing):

a. Minnesota Rate of Manipulation

b. Valpar 9 Work Station

c. Grip strength (including Jaymar testing, grip dynamometer)

d. Pinching ability/strength

e. Lifting/carrying

f. Purdue Peg Board

g. Push/Pull 

h. WEST Tool Sort 

i. Ladder climb

j. Upper body ergomometer

Other than the tests described, plaintiff will not be required to undergo any additional tests,

exams, interviews, or other assessments or tests of any kind.

2. The testing and examination shall not include any invasive procedures, nor any

radiographic studies, nor any bodily fluid testing. At the sole option of plaintiff, the testing

and examination may be audiotaped and photographed (still photos) using a hand held digital

camera. The photos would be of plaintiff only (photos of the examiner cannot be made

absent permission of the defense and the examiner, other than photos of the examiners

hands/arms showing the examination). The defense would be provided copies of any audio

tapes (at defense expense) and still photos (provided in electronic form) made by plaintiff.

The defense is also entitled to take still photos under the same conditions. Plaintiff’s counsel

Case 3:05-cv-05721-RBL Document 34 Filed 01/18/07 Page 3 of 6
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STIPULATION AND ORDER REGARDING

FED.R.CIV.PRO. 35 EXAMINATION OF

PLAINTIFF - 4

Law Offices

T. JEFFREY KEANE, PLLC

14205 SE 36th Street, Suite 325

Bellevue, Washington 98006

425-460-2294 • Facsimile 425-401-8491

 1956949.1

shall be allowed to attend the testing and examination, if he chooses. Counsel for the plaintiff

shall be limited to observing the examination and testing (and audio and/or photographing as

set forth above). This order does not address the use or admissibility at trial of any audio

recordings or photos made of this examination.

3. Plaintiff has no obligation to provide any written information of any kind to

the examiner at any time. Should plaintiff elect to provide no written information to the

examiner, no criticism or comment may be directed to plaintiff, whether during the

Fed.R.Civ.Pro. 35 examination, or at any other later time, concerning her decision to provide,

or to not provide, written information to the examiner.

4. Plaintiff has no obligation of any kind to provide records, films, or other

materials to examiner.

5. Defendant Kain’s counsel shall provide to plaintiff’s counsel copies of all

correspondence, records, or other materials provided to the examiner no later than January 19,

2007. 

6. Defendant Kain’s counsel shall notify the examiner listed in Paragraph 1,

above, of the terms and conditions of this stipulation and court order at least 48 hours prior to

the examination.

7. Following the preparation of any report by the examiner, defendant shall

provide plaintiff’s counsel with a full copy of the report and copies of any notes, whether

Case 3:05-cv-05721-RBL Document 34 Filed 01/18/07 Page 4 of 6
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STIPULATION AND ORDER REGARDING

FED.R.CIV.PRO. 35 EXAMINATION OF

PLAINTIFF - 5

Law Offices

T. JEFFREY KEANE, PLLC

14205 SE 36th Street, Suite 325

Bellevue, Washington 98006

425-460-2294 • Facsimile 425-401-8491

 1956949.1

written or recorded, taken by the examiner, within five (5) days of defendant Kain’s counsel’s

receipt of same.

Dated this 18th day of January, 2007.

A

RONALD B. LEIGHTON

UNITED STATES DISTRICT JUDGE

Case 3:05-cv-05721-RBL Document 34 Filed 01/18/07 Page 5 of 6
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STIPULATION AND ORDER REGARDING

FED.R.CIV.PRO. 35 EXAMINATION OF

PLAINTIFF - 6

Law Offices

T. JEFFREY KEANE, PLLC

14205 SE 36th Street, Suite 325

Bellevue, Washington 98006

425-460-2294 • Facsimile 425-401-8491

 1956949.1

PRESENTED BY:

LAW OFFICES OF T. JEFFREY

KEANE, PLLC

By: /s/________________________________

 T. Jeffrey Keane, WSBA #8465

 Attorney for Plaintiff

Service Accepted, Notice of Presentation

Waived, Consent to Entry Given:

WILLIAMS KASTNER & GIBBS, PLLC

By: /s/_______________________________

 Elizabeth McAmis, WSBA 24224

 Attorney for Defendants Kain

JOHNSON, GRAFFE, KEAY, MONIZ

& WICK, LLP

By: /s/_______________________________

 Eugene Studer, WSBA #20175

 Attorney for Harrison Hospital

Case 3:05-cv-05721-RBL Document 34 Filed 01/18/07 Page 6 of 6