Smith v. Office of the Alameda County Public Defender

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 REGINALD SMITH, Case No. 20-cv-08534-JST (KAW)

Plaintiff,

ORDER RE 10/7/2022 DISCOVERY

v. LETTER

OFFICE OF THE ALAMEDA COUNTY [Discovery Letter No. 1] PUBLIC DEFENDER, et al., Re: Dkt. No. 68 Defendants. 12 On October 7, 2022, the parties filed a joint discovery letter regarding whether Plaintiff should be required to undergo an expert psychological examination. (Discovery Letter at 1, Dkt. No. 68.) Plaintiff was involuntarily committed between 2007 and 2020 under the Sexually Violent Predator’s Act (“SVPA”) and seeks damages from his incarceration including emotional distress. (Id. at 2, 3.) Federal Rule of Civil Procedure 35(a)(1) states, in relevant part, that “[t]he court where the action is pending may order a party whose mental or physical condition . . . is in controversy to submit to a physical or mental examination by a suitably licensed certified examiner.” “A mental …