Wagner

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CINDY WAGNER, No. 2:20-CV-0403-JAM-DMC Plaintiff, v. ORDER SHASTA COUNTY, Defendant. 16 Plaintiff, who is proceeding with retained counsel, brings this civil action. Pending before the Court is Defendant’s motion, ECF No. 39, to compel Plaintiff’s attendance at a psychological independent medical examination (IME) to be conducted by Dr. F. David Rudnick on November 2, 2021. The parties appeared before the undersigned in Redding, California, on October 27, 2021, at 2:00 p.m. Plaintiff’s counsel Stuart Altemus, Esq., appeared telephonically. Defendant’s counsel Lynn Carpenter, Esq., appeared in person. Pursuant to Federal Rule of Civil Procedure 35(a)(1), the Court may order a party “whose mental. . .condition. . . is in controversy to submit to a. . .mental examination by a suitably licensed or certified examiner.” The parties agree that the Supreme Court has held that a plaintiff who alleges…