SMITH v. ANTIOCH UNIFIED SCHOOL DISTRICT

Case No. 3:16-cv-01676-RS.

MICHELE SMITH and M.M., a minor by and through his guardian ad litem MICHELE SMITH Plaintiff(s), v. ANTIOCH UNIFIED SCHOOL DISTRICT, TOBINWORLD, SARA FORGHANI, ANDREW ALTES and DOES 1-30 Defendant(s).

United States District Court, N.D. California.

Editors Note
Applicable Law: 28 U.S.C. § 1343
Cause: 28 U.S.C. § 1343 Violation of Civil Rights
Nature of Suit: 440 Civil Rights: Other
Source: PACER


Attorney(s) appearing for the Case

Michele Smith, Plaintiff, represented by Maureen K. Feldman , Law Office of Todd Boley.

Michele Smith, Plaintiff, represented by Peter Wayne Alfert , Law Offices of Peter Alfert, Todd Alexander Boley , Law Offices of Todd Boley, Ian Adrian Hansen , Law Offices of Peter Alfert, Justin Paul Young , Law Offices of Todd Boley & Zoya Yarnykh , Law Offices of Todd Boley.

M.M., Plaintiff, represented by Maureen K. Feldman , Law Office of Todd Boley, Peter Wayne Alfert , Law Offices of Peter Alfert, Todd Alexander Boley , Law Offices of Todd Boley, Ian Adrian Hansen , Law Offices of Peter Alfert, Justin Paul Young , Law Offices of Todd Boley & Zoya Yarnykh , Law Offices of Todd Boley.

Tobinworld, Defendant, represented by David Fernando Beach , Perry Johnson Anderson Miller & Moskowitz, LLP & Anne D'Arcy , Perry, Johnson, Anderson, Miller & Moskowitz, LLP.

Antioch Unified School District, Defendant, represented by Claudia Leed , Leone and Alberts, Ioana Mondescu , Leone & Alberts, APC, Jessica Azita Fakhimi , Chapman & Intrieri, L.L.P., Louis A. Leone , Leone & Alberts, Mark G. Intrieri , Chapman & Intrieri LLP & Seth L. Gordon , Leone & Alberts, APC.

Sara Forghani, Defendant, represented by David Fernando Beach , Perry Johnson Anderson Miller & Moskowitz, LLP & Anne D'Arcy , Perry, Johnson, Anderson, Miller & Moskowitz, LLP.

Andrew Altes, Defendant, represented by Lois Anne Lindstrom , Ericksen Arbuthnot, Jason William Mauck , Ericksen Arbuthnot & Rachel Lauren Szela , Ericksen Arbuthnot.

Antioch Unified School District, 3rd party plaintiff, represented by Claudia Leed , Leone and Alberts, Ioana Mondescu , Leone & Alberts, APC, Louis A. Leone , Leone & Alberts & Seth L. Gordon , Leone & Alberts, APC.

Antioch Unified School District, Cross-claimant, represented by Claudia Leed , Leone and Alberts, Ioana Mondescu , Leone & Alberts, APC, Louis A. Leone , Leone & Alberts & Seth L. Gordon , Leone & Alberts, APC.

Tobinworld, Cross-defendant, represented by David Fernando Beach , Perry Johnson Anderson Miller & Moskowitz, LLP & Anne D'Arcy , Perry, Johnson, Anderson, Miller & Moskowitz, LLP.


STIPULATION AND [PROPOSED] ORDER FOR MENTAL EXAMINATION OF PLAINTIFF M.M. [FRCP Rule 35(a)]

RICHARD SEEBORG, District Judge.

IT IS HEREBY STIPULATED by and between Plaintiff M.M. and Defendants TOBINWORLD, SARA FORGHANI, ANDREW ALTES, and ANTIOCH UNIFIED SCHOOL DISTRICT that:

1. Plaintiff M.M. will submit to a mental examination, consisting of a psychiatric examination which will be performed by Richard Shaw, M.D. ("Dr. Shaw"), board certified psychiatrist and child and adolescent psychiatrist, on June 27, 2017 at 9:00 a.m. at the Autism Center of Northern California located at 870 Market St., Suite 472, San Francisco, California and a psychological examination which will be performed by Mariam King, PsyD., a child clinical psychologist at the Autism Center of Northern California (as to M.M. only), on July 11, 2017 at 10:30 a.m. at the Autism Center of Northern California located at 870 Market St., Suite 472, San Francisco, California.

2. The examinations, which will include reasonable breaks and a 30 minute lunch break, will last a maximum of six (6) hours, divided between parent and child. Any questionnaires will be provided to Plaintiffs in advance of the examinations. The Mental Examination is an official court proceeding expected to start on time on the day and time agreed to.

3. Content of the psychiatric assessment will include:

a. A 2-3 hour semi-structured interview alone with MICHELE SMITH during which the topics of inquiry will include: i. Details of current psychiatric symptoms of M.M. including nature of difficulties and for each identified symptom: 1. Duration; 2. Frequency and intensity; 3. Precipitants; 4. Circumstances in which the symptoms occur 5. Consequences including degree of distress; interference with social, family, cognitive, emotional and/or academic functioning; adverse impact on development; 6. Details of attempts to get help/treatment. ii. Developmental history including pregnancy, birth, prenatal exposure to drugs or alcohol, and early infancy. iii. Physical development and medical history. iv. School history. v. Composition of family and relationships with family members. vi. Peer and social relationships. b. A 1-2 hour structured interview alone with M.M. during which the topics of inquiry will include: i. Details of current psychiatric symptoms including nature of difficulties and for each identified symptom: 1. Duration; 2. Frequency and intensity; 3. Precipitants; 4. Circumstances in which the symptoms occur; 5. Consequences including degree of distress; interference with social, family, cognitive, emotional and/or academic functioning; adverse impact on development; 6. Details of attempts to get help/treatment; ii. School history; iii. Past psychiatric history; iv. History of alcohol or substance abuse; v. Legal history; vi. Prior history of abuse or trauma; vii. Composition of family and relationships with family members; viii. Peer and social relationships; c. If indicated, MICHELE SMITH will complete questionnaires to rate the frequency and intensity of her child's psychiatric symptoms, which may include ratings of symptoms of depression (Child Depression Inventory) and posttraumatic stress disorder (UCLA PTSD Index Parent Report). d. If indicated, M.M. will complete questionnaires to rate the frequency and intensity of his psychiatric symptoms, which may include ratings of symptoms of depression (Child Depression Inventory), anxiety (Multidimensional Anxiety Scale for Children), and posttraumatic stress disorder (UCLA PTSD Index — Patient Report).

4. Content of the psychological assessment will include:

a. A structured interview alone with MICHELE SMITH to be conducted by Mariam King, Psy.D., a child clinical psychologist at the Autism Center of Northern California. As part of this interview, Ms. Smith will be asked to respond to standardized questions from the Vineland Behavior Adaptive Scale. Ms. Smith will be asked to execute a consent form acknowledging that the psychological assessment is for forensic purposes only and not meant as diagnosis, treatment, or as any clinical care service. b. Psychological testing of M.M., including cognitive testing, autism testing, and adaptive behavior testing. This testing will be administered by Mariam King, Psy.D. and will not exceed 3 hours. A Ph.D. graduate student in clinical psychology will also be present.

5. A representative of Plaintiffs' attorney's office may be present outside of the examination room during any portion of the Mental Examination and may not interfere with the examination unless Plaintiff requires assistance.

6. All testing, examination, and interviews with M.M. will be subject to video and audio recording, which will be arranged for by counsel for Plaintiffs; the video setup must allow for M.M.'s face to be captured during the testing, examination, and interviews; the interview with MICHELE SMITH will be subject to audio recording, which will be arranged for by counsel for Plaintiffs; any and all video/audio recordings taken during the IME shall be made available to all parties. MICHELE SMITH will be permitted to watch a live video feed, in a separate room, of M.M.'s psychiatric interview and psychological assessment.

7. Dr. Shaw and Dr. King shall conduct all portions of the IME. No other staff members or representatives of Defendants, Defendants' attorneys, or other persons shall be present in the examination room except that a Ph.D. graduate student in clinical psychology may be present during the psychological testing of M.M. administered by Dr. King.

8. Defendants shall produce to Plaintiffs' counsel the written reports of Dr. Shaw and Dr. King, in keeping with Federal Rules of Civil Procedure Rule 35(b), which requires that "the examiner's report must be in writing and must set out in detail the examiner's findings, including diagnoses, conclusions, and the results of any tests" be provided to the examined party.

9. Plaintiff will be allowed reasonable breaks during the examination, including 30 minutes for lunch. If Plaintiff's stamina or condition worsens to the point that he is unable to complete the exam, an additional session will have to be scheduled with any remaining time left off the original 6 hours.

10. The examinations by Dr. Shaw and Dr. King will be the only mental examination conducted by Defendants TOBINWORLD, SARA FORGHANI, ANDREW ALTES, and ANTIOCH UNIFIED SCHOOL DISTRICT.

IT IS SO STIPULATED.

[PROPOSED] ORDER

Having read and considered the Stipulation of [Proposed] Order for Mental Examination of Plaintiff M.M. [FRCP Rule 35(a)] and good cause appearing, it is hereby ordered that Plaintiff submit to a Mental Examination at the dates, times, and location as agreed upon in the Stipulation.

PURSUANT TO STIPULATION, IT IS SO ORDERED.


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