Lewis
Lewis v. CoreCivic of Tennessee, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 8 Marva LEWIS, Case No.: 21-cv-01385-JAH-BGS
Plaintiff,
ORDER FOR PLAINTIFF TO
v. SUBMIT TO A MENTAL EXAMINATION UNDER FRCP 35(a) CORECIVIC OF TENNESSEE, LLC, et
al., [ECF 32] Defendant.
15 CoreCivic of Tennessee, LLC, et al., Defendant, moves the Court to order Marva 16 Lewis, Plaintiff, to submit to an independent mental examination (IME) in this case under 17 Federal Rule of Civil Procedure 35. (See ECF 32.) Specifically at issue is whether 18 Plaintiff’s claims for emotional distress damages1 have put her mental condition in 19 controversy under Rule 35, or whether, instead, her claims seek merely garden-variety 20 emotional distress damages. See Turner v. Imperial Stores, 161 F.R.D. 89, 97 (S.D. Cal. 21 1995) (“To establish that the other party’s mental condition is in controversy within the 22 meaning of Rule 35, the moving party must show more than that the party in question has 23
25 Plaintiff’s complaint…