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El
KING COUNTY,
D
WASHINGTON
The Honorable James E. Rogers
Trial Date: October 9, 2023
Noting Date: May 3, 2023
MAY 0.5 2023
SUPERIOR COURT CLERK
BY Rayna Morrison
SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR KING COUNTY
ANGELA M. BARD; WILLIAM BARD; JESSICA L. No, 21-2-14305-5 SEA
BARD; JORDAN D. BARD; JILL E. SAVERY; JAMES
10 SAVERY, individually and as litigation guardian ad litem
for minor S.L.S.; MEGAN SAVERY; KELSIE R. SILVA;
11 and DOES 1-50; [P: ] ORDER
12 REGARDING CR 35
Plaintiffs,
v. NEUROPSYCHOLOGICAL
13 EXAMS
MONSANTO COMPANY, a Delaware corporation;
14 SOLUTIA INC., a Delaware corporation; PHARMACIA
15 LLC, a Delaware limited liability corporation, f/k/a
Pharmacia Corporation; MONROE SCHOOL DISTRICT
16 NO. 103 d/b/a MONROE PUBLIC SCHOOLS; UNION
HIGH SCHOOL DISTRICT NO. 402; and ROES 1-2;
17
18 Defendants.
19
20
STIPULATION
21
In accordance with Civil Rule 35, King County Superior Court Local Rules, and the
22
Rules of Professional Conduct, the Plaintiffs and Defendants Monsanto Company, Solutia
23
Inc., and Pharmacia LLC (“Defendants”) (collectively “the Parties”) through their counsel
24
hereby STIPULATE and AGREE as follows:
25
1 A defense neuropsychological examination (“exam”) of Plaintiffs shall be
26
conducted at the time and location agreed to by counsel for the Parties. The Parties agree to
27
work cooperatively to schedule these exams. The Parties agree that these exams shall be the
28
sole defense neuropsychological exams for these Plaintiffs, except for unforeseen circumstances,
[PROPOSEDTORDER REGARDING DEFENSE CR 35 FRIEDMAN | RUBIN PLLP
NEUROLOGICAL EXAMS OF PLAINTIFFS — 1 1109 First Avenve, SuiT= 501]
SEATTLE WA 98101
(206) 501-4446
such as events causing these Plaintiffs to be moved to another trial group. Additionally, Plaintiffs
Jill Savery and Jordan Bard have already had a neuropsychological exam by Dr. Michael
Schoenberg.
2 The exams will be conducted by a licensed neuropsychologist chosen by the
Defendants and/or a trained technician under his/her supervision, as he or she deems
appropriate. Defendants will disclose to Plaintiffs the name of the trained technician one day
before the exam takes place. Each exam will consist of an interview and the administration
of a set of cientifically validated psychological and neuropsychological tests in the
professional judgment and experience of Defendants’ licensed neuropsychologist. The interview
10 portion of the exam will be limited in time to sixty (60) minutes and in scope to inquiry regarding current
11 conditions, and any history related to said conditions. The Parties agree that Defendants seek a lengthier
12 interview and that their licensed neuropsychologists will be entitled to reopen the interview portion of
13 the exam via Zoom, and/or conduct a lengthier exam if permitted by an order of the Court or agreement
14 of the parties, consistent with the expected discovery plan.' The neuropsychologist will not conduct
15 a physical examination of any Plaintiff, but he/she may conduct sensory perception and/or
16 cranial nerve exams. No other individuals will be present on behalf of the Defendants unless
17 specifically identified before the exam and consented to by the Plaintiffs. Should any dispute
18 arise regarding additional attendees, the Parties will meet and confer in good faith. The
19 neuropsychologist, any trained technician, and the Plaintiffs will adhere to any applicable
20 COVID-19 safety precautions during the exams.
21 3 Any consent form must be disclosed and approved in advance by Plaintiffs’
22 counsel. This form will be provided in advance of the exam and must be signed and returned by
23 Plaintiffs one day prior to the exam.
24 4 Plaintiffs have no obligation to bring or provide directly to Defendants’
25 neuropsychologist at the exam any records, such as medical, employment, or academic.
26
27
28
' By entering into this stipulation, Defendants expressly reserve and do not waive any rights related
thereto.
[PROPOSED] ORDER REGARDING DEFENSE CR 35 FRIEDMAN | RUBIN PLLP
NEUROLOGICAL EXAMS OF PLAINTIFFS — 2 1109 First Avenue, surre 501)
SEATTLE WA 98101
(206) 501-4446
5 These exams will occur in Snohomish County, King County, or other locations
by agreement of the Parties.
6 Consistent with industry standards, the testing portion of the exams may not be
recorded via either video or audio. No party shall be permitted to videotape or otherwise make
audio recordings of the interview portions of the exams absent consent from both the examiner
and the examinee, unless otherwise permitted by the Court or consented to by the Parties.
7 For each Plaintiff, the entire exam process shall last no longer than
approximately eight hours, exclusive of breaks. The Plaintiff will be provided opportunities
throughout the exam to take breaks as needed. Notwithstanding, this time limitation is subject
10 to an examinee’s obligation to provide good-faith efforts to complete the tests administered.
11 8 Plaintiffs may be accompanied by a chaperone during the following portions of
12 the exam: interview and sensory perception and/or cranial nerve exam.” Consistent with
13 accepted industry standards, neither the chaperone nor a parent/legal guardian may be present
14 during the neuropsychological testing. The Parties agree that in no event may counsel of record for
15 either party, or any attorney from counsel’s firm(s), attend an exam as a chaperone and/or videographer.
16 Plaintiffs will disclose to Defendants the name of the chaperone one day before the
17 exam takes place. This individual may observe the interview portion of the exam but may not
18 interfere with or obstruct it.
19 9 In the event that a problem arises during the course of the exam, the
20 Defendants’ examiner will contact the attorneys for the Defendants who will immediately
21 contact attorneys for Plaintiffs in an effort to promptly resolve any problem. The Parties will
22 provide their contact information for the day of the exam at least three days before the
23 examination.
24 10. Psychologists and neuropsychologists have an ethical and professional
25 responsibly to maintain test security and to protect test materials. The Parties agree that they will
26
27
? At least one parent/legal guardian shall attend the exam of each minor plaintiff. The portion of
28 the exam that involves an interview of the minor plaintiff shall take place in the presence of the
parent/guardian and questions may be directed to the parent/guardian. The parent/guardian may
observe the interview, but may not interfere with or obstruct the interview.
ORDER REGARDING DEFENSE CR 35 FRIEDMAN | RUBIN PLLP
NEUROLOGICAL EXAMS OF PLAINTIFFS — 3 1109 Frrs AVENUE, surte 501}
SEAT’ = WA 98101
(206) 501-4446
not seek disclosure of any test data as defined by APA Ethics Code Standard 9.04 (“Release
of Test Data’) resulting from any exam in violation of these ethical and professional
responsibilities. The Parties agree that the test data may be exchanged between the Parties’
respective experts, the defense neuropsychologist(s) and Dr. Richard Perrillo, as provided
below, but that it will not be provided directly to the Parties or counsel. The Parties agree that
information exchanged between the experts will be limited to test data (including any notes
taken during the testing portion of the exam), and any existing interview notes, consent
forms, intake forms, and communications related to the exchange of information, and the
information exchanged between the experts will not be provided directly to the Parties or
10 counsel absent written authorization of the Parties and experts or an order of this Court, except
11 as described below in paragraph 13.
12 11. The Parties’ experts will engage in a mutual exchange of test data.
13 Defendants’ neuropsychologist and Dr. Perrillo must provide a list of all tests they
14 administered and all test data from each Plaintiffs examination to one another 14 days
15 after completion of each Plaintiff's examination by both neuropsychologists.
16 12. The Parties agree that exams will be completed as follows:
17 Plaintiff: Accepted CR 35 Neuropsychological Examiner
Exams with Dr. Elizabeth Ziegler
18 Dates
Megan Savery April 30, 2023, 9 am, Seattle, WA Dr. . Ziegler
19 Kelsie Califano May 13, 2023, 9 am, Seattle, WA Dr, . Ziegler
(f/k/a Silva)
20
Shannon Savery May 17, 2023, 9 am, Seattle, WA Dr. . Ziegler
21 Angela June 5, 2023, 9 am, Seattle Dr. . Ziegler
(Michelle) Bard
22 Jessica Bard June 6, 2023, 9 am, Seattle Dr. . Ziegler
23 Defendants will provide the reports related to their neuropsychologist’s opinions in
24 accordance with Civil Rule 35, subject to revision based upon agreement of the parties or an
25 Order ofthe Court.
26 13. Notwithstanding the obligations regarding test data as stated in paragraphs 10
27 through 11 above, the Parties agree that the following generally do not constitute “test data”:
28 (1) the lists of each test administered by an expert to a Plaintiff; (2) Plaintiffs’ scores on each;
and (3) the original score reports from tests administered. Accordingly, no party objects to
[PROROSKD] ORDER REGARDING DEFENSE CR 35 FRIEDMAN I RUBIN PLLP
NEUROLOGICAL EXAMS OF PLAINTIFFS — 4 1109 FIRST AVENUE, surre 501
SEATTLE WA 98101
(206) 501-4446
examiners providing these items to counsel, including providing the original score reports
produced by the opposing party’s expert pursuant to the exchange of test data as stated in
paragraphs 10 through 11 above so long as any information reflecting “test data” in any of
these documents is redacted (i.e. the questions administered).
14, The scope of expert discovery is governed by Civil Rule 26(b)(5), the Parties’
Stipulation Regarding Expert Discovery and Depositions dated March 4, 2020, and the
Court’s Order Granting Plaintiffs Motion for a Protective Order Coordinating Discovery,
entered April 23, 2021.
Il. ORDER
10 Based upon the Stipulation of the Parties, it is hereby ORDERED that the Parties and
11 their counsel of record will abide by the above terms.
12 Done in Open Court this b day of 5
13
14
15 THE HONORABLE ES E. ROGERS
16
Jointly Presented By:
17
18 FRIEDMAN RUBIN PLLP BRYAN C LEIGHTON PAISNER LLP
19
By: /s/ Henry G. Jones 2 By: /s/ CaroLea W. Casas :
20
Sean J. Gamble, WSBA No. 41733 Jennifer L. Campbell, WSBA #31703
21 James A. Hertz, WSBA No. 35222 Allison K. Krashan, WSBA #36977
Henry G. Jones, WSBA No. 45684 CaroLea W. Casas, WSBA #54102
22. Ronald J. Park, WSBA No. 54372 Attorneys for Defendants Monsanto
23 Attorneys for Plaintiffs Company, Solutia Inc. and Pharmacia LLC
24
25
26
27
28
[PROPOSED] ORDER REGARDING DEFENSE CR 35 FRIEDMAN | RUBIN PLLP
NEUROLOGICAL EXAMS OF PLAINTIFFS — 5 1109 Frrst Avenue, Suite 501)
SEATTLE WA 98101
(206) 501-4446
CERTIFICATE OF SERVICE
The undersigned certifies under the penalty of perjury according to the laws of the State of
Washington that on this date I caused to be served via electronic mail to the addresses listed below the
foregoing document:
COUNSEL FOR DEFENDANTS
MONSANTO COMPANY, PHARMACIA LLC and SOLUTIA INC.
SHOOK, HARDY & BACON, LLP, 2001 Market Street, Suite 3000, Philadelphia PA 19103
Thomas M. Goutman, admitted pro hac vice, tgoutman@shb.com
Rosemary Schnall, admitted pro hac vice, rschnall@shb.com
David S. Haase, admitted pro hac vice, dhaase@shb.com
Richard L. Campbell, admitted pro hac vice, reampbell@shb.com
SHOOK, HARDY & BACON, LLP, 190 Carondelet Plaza, Suite 1350, St. Louis, MO 63105
Adam E. Miller, admitted pro hac vice, amiller@shb.com
10 Katherine D. Landfried, admitted pro hac vice, klandfried@shb.com
Susan L. Werstak, admitted pro hac vice, swerstak@shb.com
11 Lisa DeBord, debord@shb.com
Kim Kocher, kkocher@shb.com
12 Chelsea M. Mannery, cmannery@shb.com
Staff cc: Jennifer Matthey: jmatthey@shb.com; Carolyn Mulligan cmulligan@shb.com; Kim Grimes:
13 kgrimes@shb.com; Coty Duerst@cduerst@shb.com; Morgan Smith: mxsmith@shb.com
14 BRYAN CAVE LEIGHTON PAISNER LLP, 211 N. Broadway, Ste. 3600, St. Louis, MO 63102
Elizabeth Sternhell-Blackwell, pro have vice, liz.blackwell@bclplaw.com
15
BRYAN CAVE LEIGHTON PAISNER LLP
16 Jennifer L. Campbell, WSBA #31703, jenn.campbell@belplaw.com
17 Allison K. Krashan, WSBA #36977, allison.krashan@bclplaw.com
CaroLea W. Casas, WSBA #54102, carolea.casas@bclplaw.com
18 Staff cc: kelly.hamilton@bclplaw.com; ali.sepavich@bclplaw.com
19
DATED this 28th day of April, 2023, at Seattle, Washington.
20
21 Vv
Je Paralegal
22 edman Rubin PLLP
23
24
25
26
27
28
[PROPOSED] ORDER REGARDING DEFENSE CR 35 FRIEDMAN | RUBIN PLLP
NEUROLOGICAL EXAMS OF PLAINTIFFS — 6 1109 Fir VENUE, SUITE 501
SEA WA 98101
(206) 501-4446
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El KING COUNTY, D WASHINGTON The Honorable James E. Rogers Trial Date: October 9, 2023 Noting Date: May 3, 2023 MAY 0.5 2023 SUPERIOR COURT CLERK BY Rayna Morrison SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR KING COUNTY ANGELA M. BARD; WILLIAM BARD; JESSICA L. No, 21-2-14305-5 SEA BARD; JORDAN D. BARD; JILL E. SAVERY; JAMES 10 SAVERY, individually and as litigation guardian ad litem for minor S.L.S.; MEGAN SAVERY; KELSIE R. SILVA; 11 and DOES 1-50; [P: ] ORDER 12 REGARDING CR 35 Plaintiffs, v. NEUROPSYCHOLOGICAL 13 EXAMS MONSANTO COMPANY, a Delaware corporation; 14 SOLUTIA INC., a Delaware corporation; PHARMACIA 15 LLC, a Delaware limited liability corporation, f/k/a Pharmacia Corporation; MONROE SCHOOL DISTRICT 16 NO. 103 d/b/a MONROE PUBLIC SCHOOLS; UNION HIGH SCHOOL DISTRICT NO. 402; and ROES 1-2; 17 18 Defendants. 19 20 STIPULATION 21 In accordance with Civil Rule 35, King County Superior Court Local Rules, and the 22 Rules of Professional Conduct, the Plaintiffs and Defendants Monsanto Company, Solutia 23 Inc., and Pharmacia LLC (“Defendants”) (collectively “the Parties”) through their counsel 24 hereby STIPULATE and AGREE as follows: 25 1 A defense neuropsychological examination (“exam”) of Plaintiffs shall be 26 conducted at the time and location agreed to by counsel for the Parties. The Parties agree to 27 work cooperatively to schedule these exams. The Parties agree that these exams shall be the 28 sole defense neuropsychological exams for these Plaintiffs, except for unforeseen circumstances, [PROPOSEDTORDER REGARDING DEFENSE CR 35 FRIEDMAN | RUBIN PLLP NEUROLOGICAL EXAMS OF PLAINTIFFS — 1 1109 First Avenve, SuiT= 501] SEATTLE WA 98101 (206) 501-4446 such as events causing these Plaintiffs to be moved to another trial group. Additionally, Plaintiffs Jill Savery and Jordan Bard have already had a neuropsychological exam by Dr. Michael Schoenberg. 2 The exams will be conducted by a licensed neuropsychologist chosen by the Defendants and/or a trained technician under his/her supervision, as he or she deems appropriate. Defendants will disclose to Plaintiffs the name of the trained technician one day before the exam takes place. Each exam will consist of an interview and the administration of a set of cientifically validated psychological and neuropsychological tests in the professional judgment and experience of Defendants’ licensed neuropsychologist. The interview 10 portion of the exam will be limited in time to sixty (60) minutes and in scope to inquiry regarding current 11 conditions, and any history related to said conditions. The Parties agree that Defendants seek a lengthier 12 interview and that their licensed neuropsychologists will be entitled to reopen the interview portion of 13 the exam via Zoom, and/or conduct a lengthier exam if permitted by an order of the Court or agreement 14 of the parties, consistent with the expected discovery plan.' The neuropsychologist will not conduct 15 a physical examination of any Plaintiff, but he/she may conduct sensory perception and/or 16 cranial nerve exams. No other individuals will be present on behalf of the Defendants unless 17 specifically identified before the exam and consented to by the Plaintiffs. Should any dispute 18 arise regarding additional attendees, the Parties will meet and confer in good faith. The 19 neuropsychologist, any trained technician, and the Plaintiffs will adhere to any applicable 20 COVID-19 safety precautions during the exams. 21 3 Any consent form must be disclosed and approved in advance by Plaintiffs’ 22 counsel. This form will be provided in advance of the exam and must be signed and returned by 23 Plaintiffs one day prior to the exam. 24 4 Plaintiffs have no obligation to bring or provide directly to Defendants’ 25 neuropsychologist at the exam any records, such as medical, employment, or academic. 26 27 28 ' By entering into this stipulation, Defendants expressly reserve and do not waive any rights related thereto. [PROPOSED] ORDER REGARDING DEFENSE CR 35 FRIEDMAN | RUBIN PLLP NEUROLOGICAL EXAMS OF PLAINTIFFS — 2 1109 First Avenue, surre 501) SEATTLE WA 98101 (206) 501-4446 5 These exams will occur in Snohomish County, King County, or other locations by agreement of the Parties. 6 Consistent with industry standards, the testing portion of the exams may not be recorded via either video or audio. No party shall be permitted to videotape or otherwise make audio recordings of the interview portions of the exams absent consent from both the examiner and the examinee, unless otherwise permitted by the Court or consented to by the Parties. 7 For each Plaintiff, the entire exam process shall last no longer than approximately eight hours, exclusive of breaks. The Plaintiff will be provided opportunities throughout the exam to take breaks as needed. Notwithstanding, this time limitation is subject 10 to an examinee’s obligation to provide good-faith efforts to complete the tests administered. 11 8 Plaintiffs may be accompanied by a chaperone during the following portions of 12 the exam: interview and sensory perception and/or cranial nerve exam.” Consistent with 13 accepted industry standards, neither the chaperone nor a parent/legal guardian may be present 14 during the neuropsychological testing. The Parties agree that in no event may counsel of record for 15 either party, or any attorney from counsel’s firm(s), attend an exam as a chaperone and/or videographer. 16 Plaintiffs will disclose to Defendants the name of the chaperone one day before the 17 exam takes place. This individual may observe the interview portion of the exam but may not 18 interfere with or obstruct it. 19 9 In the event that a problem arises during the course of the exam, the 20 Defendants’ examiner will contact the attorneys for the Defendants who will immediately 21 contact attorneys for Plaintiffs in an effort to promptly resolve any problem. The Parties will 22 provide their contact information for the day of the exam at least three days before the 23 examination. 24 10. Psychologists and neuropsychologists have an ethical and professional 25 responsibly to maintain test security and to protect test materials. The Parties agree that they will 26 27 ? At least one parent/legal guardian shall attend the exam of each minor plaintiff. The portion of 28 the exam that involves an interview of the minor plaintiff shall take place in the presence of the parent/guardian and questions may be directed to the parent/guardian. The parent/guardian may observe the interview, but may not interfere with or obstruct the interview. ORDER REGARDING DEFENSE CR 35 FRIEDMAN | RUBIN PLLP NEUROLOGICAL EXAMS OF PLAINTIFFS — 3 1109 Frrs AVENUE, surte 501} SEAT’ = WA 98101 (206) 501-4446 not seek disclosure of any test data as defined by APA Ethics Code Standard 9.04 (“Release of Test Data’) resulting from any exam in violation of these ethical and professional responsibilities. The Parties agree that the test data may be exchanged between the Parties’ respective experts, the defense neuropsychologist(s) and Dr. Richard Perrillo, as provided below, but that it will not be provided directly to the Parties or counsel. The Parties agree that information exchanged between the experts will be limited to test data (including any notes taken during the testing portion of the exam), and any existing interview notes, consent forms, intake forms, and communications related to the exchange of information, and the information exchanged between the experts will not be provided directly to the Parties or 10 counsel absent written authorization of the Parties and experts or an order of this Court, except 11 as described below in paragraph 13. 12 11. The Parties’ experts will engage in a mutual exchange of test data. 13 Defendants’ neuropsychologist and Dr. Perrillo must provide a list of all tests they 14 administered and all test data from each Plaintiffs examination to one another 14 days 15 after completion of each Plaintiff's examination by both neuropsychologists. 16 12. The Parties agree that exams will be completed as follows: 17 Plaintiff: Accepted CR 35 Neuropsychological Examiner Exams with Dr. Elizabeth Ziegler 18 Dates Megan Savery April 30, 2023, 9 am, Seattle, WA Dr. . Ziegler 19 Kelsie Califano May 13, 2023, 9 am, Seattle, WA Dr, . Ziegler (f/k/a Silva) 20 Shannon Savery May 17, 2023, 9 am, Seattle, WA Dr. . Ziegler 21 Angela June 5, 2023, 9 am, Seattle Dr. . Ziegler (Michelle) Bard 22 Jessica Bard June 6, 2023, 9 am, Seattle Dr. . Ziegler 23 Defendants will provide the reports related to their neuropsychologist’s opinions in 24 accordance with Civil Rule 35, subject to revision based upon agreement of the parties or an 25 Order ofthe Court. 26 13. Notwithstanding the obligations regarding test data as stated in paragraphs 10 27 through 11 above, the Parties agree that the following generally do not constitute “test data”: 28 (1) the lists of each test administered by an expert to a Plaintiff; (2) Plaintiffs’ scores on each; and (3) the original score reports from tests administered. Accordingly, no party objects to [PROROSKD] ORDER REGARDING DEFENSE CR 35 FRIEDMAN I RUBIN PLLP NEUROLOGICAL EXAMS OF PLAINTIFFS — 4 1109 FIRST AVENUE, surre 501 SEATTLE WA 98101 (206) 501-4446 examiners providing these items to counsel, including providing the original score reports produced by the opposing party’s expert pursuant to the exchange of test data as stated in paragraphs 10 through 11 above so long as any information reflecting “test data” in any of these documents is redacted (i.e. the questions administered). 14, The scope of expert discovery is governed by Civil Rule 26(b)(5), the Parties’ Stipulation Regarding Expert Discovery and Depositions dated March 4, 2020, and the Court’s Order Granting Plaintiffs Motion for a Protective Order Coordinating Discovery, entered April 23, 2021. Il. ORDER 10 Based upon the Stipulation of the Parties, it is hereby ORDERED that the Parties and 11 their counsel of record will abide by the above terms. 12 Done in Open Court this b day of 5 13 14 15 THE HONORABLE ES E. ROGERS 16 Jointly Presented By: 17 18 FRIEDMAN RUBIN PLLP BRYAN C LEIGHTON PAISNER LLP 19 By: /s/ Henry G. Jones 2 By: /s/ CaroLea W. Casas : 20 Sean J. Gamble, WSBA No. 41733 Jennifer L. Campbell, WSBA #31703 21 James A. Hertz, WSBA No. 35222 Allison K. Krashan, WSBA #36977 Henry G. Jones, WSBA No. 45684 CaroLea W. Casas, WSBA #54102 22. Ronald J. Park, WSBA No. 54372 Attorneys for Defendants Monsanto 23 Attorneys for Plaintiffs Company, Solutia Inc. and Pharmacia LLC 24 25 26 27 28 [PROPOSED] ORDER REGARDING DEFENSE CR 35 FRIEDMAN | RUBIN PLLP NEUROLOGICAL EXAMS OF PLAINTIFFS — 5 1109 Frrst Avenue, Suite 501) SEATTLE WA 98101 (206) 501-4446 CERTIFICATE OF SERVICE The undersigned certifies under the penalty of perjury according to the laws of the State of Washington that on this date I caused to be served via electronic mail to the addresses listed below the foregoing document: COUNSEL FOR DEFENDANTS MONSANTO COMPANY, PHARMACIA LLC and SOLUTIA INC. SHOOK, HARDY & BACON, LLP, 2001 Market Street, Suite 3000, Philadelphia PA 19103 Thomas M. Goutman, admitted pro hac vice, tgoutman@shb.com Rosemary Schnall, admitted pro hac vice, rschnall@shb.com David S. Haase, admitted pro hac vice, dhaase@shb.com Richard L. Campbell, admitted pro hac vice, reampbell@shb.com SHOOK, HARDY & BACON, LLP, 190 Carondelet Plaza, Suite 1350, St. Louis, MO 63105 Adam E. Miller, admitted pro hac vice, amiller@shb.com 10 Katherine D. Landfried, admitted pro hac vice, klandfried@shb.com Susan L. Werstak, admitted pro hac vice, swerstak@shb.com 11 Lisa DeBord, debord@shb.com Kim Kocher, kkocher@shb.com 12 Chelsea M. Mannery, cmannery@shb.com Staff cc: Jennifer Matthey: jmatthey@shb.com; Carolyn Mulligan cmulligan@shb.com; Kim Grimes: 13 kgrimes@shb.com; Coty Duerst@cduerst@shb.com; Morgan Smith: mxsmith@shb.com 14 BRYAN CAVE LEIGHTON PAISNER LLP, 211 N. Broadway, Ste. 3600, St. Louis, MO 63102 Elizabeth Sternhell-Blackwell, pro have vice, liz.blackwell@bclplaw.com 15 BRYAN CAVE LEIGHTON PAISNER LLP 16 Jennifer L. Campbell, WSBA #31703, jenn.campbell@belplaw.com 17 Allison K. Krashan, WSBA #36977, allison.krashan@bclplaw.com CaroLea W. Casas, WSBA #54102, carolea.casas@bclplaw.com 18 Staff cc: kelly.hamilton@bclplaw.com; ali.sepavich@bclplaw.com 19 DATED this 28th day of April, 2023, at Seattle, Washington. 20 21 Vv Je Paralegal 22 edman Rubin PLLP 23 24 25 26 27 28 [PROPOSED] ORDER REGARDING DEFENSE CR 35 FRIEDMAN | RUBIN PLLP NEUROLOGICAL EXAMS OF PLAINTIFFS — 6 1109 Fir VENUE, SUITE 501 SEA WA 98101 (206) 501-4446