Gorrell v. Sneath et al

Filing 72

ORDER DEFERRING Plaintiff's Motion to Allow His Expert to Testify at Trial Via Telephone or Video Conference; ORDER REQUIRING Rule 26 Expert Disclosure, signed by Magistrate Judge Jennifer L. Thurston on 7/29/2013. Motion Deferred 71 . (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILSON GORRELL,
Plaintiff,

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v.

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THOMAS SNEATH, et al.,

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Defendants.

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Case No.: 1:12-cv-0554 - JLT
ORDER DEFERRING PLAINTIFF’S MOTION
TO ALLOW HIS EXPERT TO TESTIFY AT
TRIAL VIA TELEPHONE ORVIDEO
CONFERENCE; ORDER REQUIRING RULE 26
EXPERT DISCLOSURE
(Doc. 71)

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On July 25, 2013, Plaintiff filed a request to allow his expert to testify via telephone or video

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conference at trial. (Doc. 71) Permitting this type of testimony may be permitted but notably, Plaintiff

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has not properly disclosed an expert. The fact he has provided a letter from one doctor and an un-

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signed page of notes from another does not comply with Fed. R. Civ. P. 26(a)(2). Therefore, the Court

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will not decide at this time whether testimony should be allowed in this fashion. Instead, the Court

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ORDERS:
1.

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No later than August 23, 2013, Plaintiff SHALL disclose his expert to Defendants and

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to file the disclosure with the Court. This disclosure SHALL comply with Fed. R. Civ. P. 26(a)(2).

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Assuming this occurs, Defendants SHALL complete expert discovery no later than September 20,

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2013;1

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In the event Plaintiff’s disclosure requires Defendants to disclose a rebuttal expert, Defendants may file a request to do so
no later than September 6, 2013.

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2.

The determination of Plaintiff’s request for his expert to testify at trial via telephone or

video-conference is DEFERRED until Plaintiff makes his compliant expert disclosure.

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IT IS SO ORDERED.
Dated:

July 29, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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