Wagnon
Wagnon v. Rocklin Unified School District
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALICIA WAGNON, et al., No. 2:17–cv–1666–KJN Plaintiffs, ORDER ON DEFENDANT’S MOTION TO
COMPEL IME
v. (ECF No. 39.) ROCKLIN U.S.D., et al., Defendants. 16 Presently before the court is defendants’ motion to compel an independent medical examination under Federal Rule of Civil Procedure 35. (ECF No. 39.) Defendants contend plaintiff From has put his mental condition at issue by claiming damages for the emotional, educational, and psychological injuries caused by defendants, and good cause exists for the IME. Plaintiffs do not appear to dispute that From’s mental condition is at issue, but instead cite a number of reasons why good cause is lacking, including the remoteness of the exam, the proposed locations, the lack of qualifications of the expert, and the availability of the information from other sources. (ECF No. 45.) For the reasons stated at the hearing on August 30, 2022, the court GRANTS defendants’ motion and sets certain…