Bakhtiari v. Yates et al

Filing 48

ORDER AMENDING Discovery and Scheduling Order, signed by Magistrate Judge Jennifer L. Thurston on 3/30/2012. (Non-Expert Discovery Deadline: 6/8/2012; Dispositive Motions Deadline: 9/14/2012.) (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MORTEZA BAKHTIARI,

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Plaintiff,
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v.
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Y. A. GONZALES, ET AL.,
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Defendants.
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____________________________________ )

Case No.: 1:11-cv-00102 AWI JLT (PC)
ORDER AMENDING DISCOVERY AND
SCHEDULING ORDER
Non expert Discovery Deadline
Dispositive Motion Deadline

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From October 6, 2011 until February 17, 2012, this matter was stayed due to it having

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been referred to the VDRP program. (Docs. 28, 42) As a result, the Court amended the

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scheduling order to allow completion of discovery. (Doc. 42) However, in doing so, the Court

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did not set a deadline by which a motion to amend the pleadings would be filed.1 Id.

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In addition, defense counsel discovered a conflict requiring she discontinue her

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representation of the defendants. (Doc. 41) On March 5, 2012, current defense counsel

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associated in and began apprizing themselves of the matter. (Doc. 44) Thus, the current

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deadlines are not sufficient for newly-retained counsel to complete preparation of the defense of

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the case.

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Therefore, the Court ORDERS,

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1.

Any motion to amend a pleading SHALL be filed no later than May 4, 2012;

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Generally, in (PC) classified cases, the Court does not set a separate non-expert and expert discovery
deadline. However, at counsel's request, the Court does so here.

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Non-expert discovery shall be completed no later than June 8, 2012;

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The parties are directed to disclose all expert witnesses, in writing, on or before

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June 29, 20122, and to disclose all rebuttal experts on or before July 20, 2012.

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The written designation of experts shall be made pursuant to Fed. R. Civ. P.

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Rule 26(a)(2), (A) and (B) and shall include all information required

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thereunder. Failure to designate experts in compliance with this order may result

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in the Court excluding the testimony or other evidence offered through such

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experts that are not disclosed pursuant to this order.

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4.

The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery

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relating to experts and their opinions. Experts must be fully prepared to be

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examined on all subjects and opinions included in the designation. Failure to

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comply will result in the imposition of sanctions, which may include striking the

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expert designation and preclusion of expert testimony.

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5.

Expert discovery shall be completed no later than August 24, 2012;

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6.

Any motion to compel discovery or other nondispositive motion shall be filed no

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later than August 31, 2012;

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7.

Dispositive motions shall be filed no later than September 14, 2012;

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8.

No other amendments to the schedule are authorized.

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IT IS SO ORDERED.

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Dated: March 30, 2012
9j7khi

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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Any independent medical examination SHALL be demanded and completed in sufficient time so that
results of the examination are available to the expert for inclusion in the expert's report.