Vangieson

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

RICHARD VANGIESON, an Case No.: 3:20-cv-01033-LAB-LL individual, Plaintiff, ORDER DENYING DEFENDANT’S 12 v. MOTION TO COMPEL RULE 35 MENTAL HEALTH EXAMINATION LLOYD J. AUSTIN, in his official 14 capacity as the SECRETARY OF [ECF No. 21] DEFENSE, Defendant. 16 17 18 Currently before the Court is Defendant’s May 18, 2021 Motion to Compel a Rule 35 Mental Health Examination of Plaintiff [ECF No. 21 (“MTC”)], and Plaintiff’s May 24, 2021 Opposition [ECF No. 23 (“Oppo.”)]. For the reasons set forth below, Defendant’s motion is DENIED. I. RELEVANT FACTUAL AND PROCEDURAL BACKGROUND Plaintiff Richard VanGieson is a former employee of the Department of Defense Contract Audit Agency (“DCAA”) hired in April 2012. ECF No. 7, ¶ 1. Defendant is / / / / / / / / / Lloyd J. Austin acting in his official capacity as the Secretary of Defense. Id. at 2; see also id. at 21. The operative complaint is a First Amended Complaint (hereinafter “FAC”)…