Blacher v. Johnson et al
Filing
88
ORDER DENYING Plaintiff's Formal 87 Request for Full Disclosure Concerning Experts Without Prejudice, signed by Magistrate Judge Erica P. Grosjean on 3/14/17. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MARLON BLACHER,
Plaintiff,
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v.
S. JOHNSON,
Case No. 1:12-cv-01159-EPG (PC)
ORDER DENYING PLAINTIFF’S FORMAL
REQUEST FOR FULL DISCLOSURE
CONCERNING EXPERTS WITHOUT
PREJUDICE
(ECF NO. 87)
Defendant.
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Marlon Blacher (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in
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this civil rights action pursuant to 42 U.S.C. § 1983. On March 13, 2017, Plaintiff filed a formal
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request for full disclosure concerning experts (“the Request”). (ECF No. 87). Plaintiff requests
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that defendant Johnson “render full disclosure (including: identity and nature of intended
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testimony) concerning the expert(s) which the Defendant Johnson intends to present to the jury
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during the trial proceedings here.” (Id.).
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To the extent that Plaintiff is asking the Court to require defendant Johnson to make his
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expert disclosures, the Request will be denied as premature. The expert disclosure deadline was
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March 1, 2017. (ECF No. 71). Plaintiff signed the Request, as well as the certificate of service
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for the Request, on February 23, 2017. (ECF No. 87). Because Plaintiff did not wait until after
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the expert disclosure deadline passed to make his request, the Request will be denied without
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prejudice.
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Accordingly, based on the foregoing, IT IS HEREBY ORDERED that Plaintiff’s formal
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request for full disclosure concerning experts is DENIED without prejudice.
The deadline for disclosure of expert reports remains as previously scheduled.
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IT IS SO ORDERED.
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Dated:
March 14, 2017
/s/
UNITED STATES MAGISTRATE JUDGE
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