Miller v. Adonis, et al.

Filing 115

ORDER Granting Ex Parte Application to Shorten Time to Hear Defendants' Motion to Strike Plaintiff's Inmate-Expert Darrell Harris re 111 , signed by Magistrate Judge Erica P. Grosjean on 10/10/18. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHARLES A. MILLER,

Case No. 1:12-cv-00353-DAD-EPG (PC)

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Plaintiff,
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v.
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ORDER GRANTING EX PARTE
APPLICATION TO SHORTEN TIME TO
HEAR DEFENDANTS’ MOTION TO
STRIKE PLAINTIFF’S INMATEEXPERT DARRELL HARRIS

M. ADONIS, et al.,
(ECF No. 111)

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Defendants.

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Defendants apply ex parte for an order shortening the time to hear their concurrently filed

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motion to strike Plaintiff’s inmate-expert Darrell Harris. Defendants request that the Court

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specially set an expedited briefing schedule so that, if the motion is denied, Mr. Harris’s

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deposition can proceed as noticed on October 17, 2017, before the close of discovery on October

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18, 2018. In the alternative and if the motion is denied, Defendants request the Court issue an

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order permitting them to take Mr. Harris’s deposition after the October 18, 2018 cutoff and within

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thirty days of the Court’s ruling on Defendants’ motion to strike.

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Based on the present record and for good cause shown, the Court GRANTS Defendants’ ex

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parte application in part. The Court will not alter the briefing schedule. However, if the Court

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denies Defendants’ motion, the Court will permit Defendants thirty days following the denial of

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the motion to take Mr. Harris’s deposition. In other words, Defendants may wait to take the
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deposition of Mr. Harris with the understanding the Defendants will only do so if their motion to

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strike is denied.

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IT IS SO ORDERED.
Dated:

October 10, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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