Farrell

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 STEPHANIE FARRELL, No. 2:19-cv-01402 TLN AC Plaintiff, v. ORDER HOME DEPOT USA, INC., Defendant. 15 This case is before the court on defendant’s motion to compel an independent medical examination (“IME”) of plaintiff under Fed. R. Civ. P. 35. ECF Nos. 24, 27 (joint statement). Defendant also seeks sanctions for a previously missed IME. ECF No. 24. The matter was heard on the papers. ECF No. 25. For the reasons stated below, the court grants defendant’s motion but declines to impose sanctions on plaintiff at this juncture. I. Relevant Background Plaintiff Stephanie Farrell filed her complaint in state court; it was removed to this court on grounds of diversity jurisdiction pursuant to 28 U.S.C. § 1441(a). ECF No. 1. Plaintiff’s complaint alleges she was a customer at Home Depot in Sacramento, CA when she was struck with an improperly loaded cart being pushed by an employee on the…