Luna et al v. County of Kern et al

Filing 69

ORDER After Informal Telephonic Conference re Discovery Dispute, signed by Magistrate Judge Jennifer L. Thurston on 5/11/2017. (Hall, S)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 OSCAR LUNA, et al., 12 13 14 Plaintiffs, v. Case No.: 1:16-cv-00568 DAD JLT ORDER AFTER INFORMAL TELEPHONIC CONERENCE RE DISCOVERY DISPUTE COUNTY OF KERN, et al., 15 Defendants. 16 17 On May 11, 2017, the Court held an informal telephonic conference (Doc. 68) regarding a 18 dispute over whether the plaintiff’s expert, Mr. Ely, properly supplemented his expert report and, if 19 so, whether it was timely. The purpose of the conference was to determine whether a compromise 20 could be reached that would obviate the need for a formal motion; it was readily apparent that 21 there was no such compromise possible. As a result, the Court authorized the filing of the motion 22 but indicated it would give further instruction as to the format of the motion. Therefore, the Court 23 ORDERS: 24 25 26 1. The defendants are authorized to file a motion to challenge the “supplementation” made by Mr. Ely and whether the plaintiff will be entitled to rely upon this evidence at trial; 2. The motion SHALL conform to Local Rule 251(c). Thus, the defendants SHALL 27 file a notice of motion no later than May 15, 2017 and both sides SHALL cooperate in filing a 28 joint statement re: discovery disagreement at least 14 days before the hearing date; 1 1 2 3 3. In the joint statement both sides SHALL address whether the motion may be heard as a motion in limine; 4. Counsel SHALL set the motion on June 6, 2017 before Judge Dale A. Drozd. The 4 Court reserves the right to hear the motion as a motion in limine and to hear it at the sme 5 time it hears any other motions in limine. 6 7 8 9 IT IS SO ORDERED. Dated: May 11, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?