Banga

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 NAVJEET SINGH BANGA, Case No. 16-cv-04270-RS (DMR)

8 Plaintiff,

ORDER ON DEFENDANTS’ MOTION

9 v. FOR AN INDEPENDENT MEDICAL

EXAMINATION

10 CHRIS GUS KANIOS, et al., Re: Dkt. No. 305 11 Defendants.

12 Defendants filed a unilateral discovery letter in which they move for an order compelling 13 pro se Plaintiff Navjeet Singh Banga to appear for an independent medical examination (“IME”) 14 pursuant to Federal Rule of Civil Procedure 35. [Docket No. 305.] Plaintiff opposes the motion. 15 [Docket No. 309.]1 16 This matter is suitable for resolution without a hearing. Civ. L.R. 7-1(b). For the 17 following reasons, the motion is denied. 18 I. DISCUSSION 19 Defendants ask the court to order Plaintiff to appear for a Rule 35 mental examination. 20 They argue that Plaintiff has placed his mental condition at issue in this lawsuit because he alleges 21 severe emotional distress as a result of Defendants’ alleged conduct, and because he alleges 22 …