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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