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)

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