Rocker v. Scottsdale, City of et al

Filing 116

ORDER granting in part and denying in part 98 Motion for Extension of Time Deadline. Plaintiff's expert disclosures due 6/1/12; Defendants' expert disclosures due 7/6/12; rebuttal expert disclosures due 7/27/12; expert depositions completed on or before 8/31/12; dispositive motions due 9/21/2012. All other deadlines and terms in the Court's Amended Case Management Order 70 shall remain in effect. Signed by Judge David G Campbell on 5/9/2012.(NVO)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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No. CV11-0708 PHX DGC

Jacob F. Rocker,
Plaintiff,

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ORDER

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v.

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City of Scottsdale, et al.,
Defendants.

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Plaintiff has filed a motion for extension of time to disclose expert opinions and

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reports. Doc. 98. Defendants oppose the motion. Docs. 106, 109. Plaintiff has filed no

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reply memorandum.

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Plaintiff’s motion was filed on the date his expert reports were due. As defense

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counsel note, Plaintiff’s counsel has been involved in this case for more than 18 months

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and first disclosed a liability expert more than one year ago. Plaintiff provides no

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explanation for his failure to produce a damages report by the Court’s deadline. In light

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of these facts, and the Court’s intent to hold the parties to a firm schedule in this case, the

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Court is inclined to deny Plaintiff’s request for an extension. By filing the request on the

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day the expert report was due, however, Plaintiff has put the Court in a box. If it denies

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the request, Plaintiff will be denied experts that are likely necessary to establish his case.

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To avoid this harsh result, the Court will grant a brief modification of the deadlines.

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Plaintiff shall provide full and complete expert disclosures as required by

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Rule 26(a)(2)(A)-(C) of the Federal Rules of Civil Procedure no later than June 1, 2012.

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Defendants shall provide full and complete expert disclosures as required by

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Rule 26(a)(2)(A)-(C) no later than July 6, 2012. Rebuttal expert disclosures, if any, shall

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be provided no later than July 27, 2012. Expert depositions shall be completed no later

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than August 31, 2012.

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September 21, 2012.

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The deadline for dispositive motions shall be extended to

All other deadlines and terms in the Court’s Amended Case Management Order
(Doc. 70) shall remain in effect.
IT IS ORDERED that Plaintiff’s motion for extension (Doc. 98) is granted in
part and denied in part as set forth above.
Dated this 9th day of May, 2012.

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