Luna et al v. County of Kern et al
ORDER After Informal Telephonic Conference re Discovery Dispute, signed by Magistrate Judge Jennifer L. Thurston on 5/11/2017. (Hall, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
OSCAR LUNA, et al.,
Case No.: 1:16-cv-00568 DAD JLT
ORDER AFTER INFORMAL TELEPHONIC
CONERENCE RE DISCOVERY DISPUTE
COUNTY OF KERN, et al.,
On May 11, 2017, the Court held an informal telephonic conference (Doc. 68) regarding a
dispute over whether the plaintiff’s expert, Mr. Ely, properly supplemented his expert report and, if
so, whether it was timely. The purpose of the conference was to determine whether a compromise
could be reached that would obviate the need for a formal motion; it was readily apparent that
there was no such compromise possible. As a result, the Court authorized the filing of the motion
but indicated it would give further instruction as to the format of the motion. Therefore, the Court
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;
The motion SHALL conform to Local Rule 251(c). Thus, the defendants SHALL
file a notice of motion no later than May 15, 2017 and both sides SHALL cooperate in filing a
joint statement re: discovery disagreement at least 14 days before the hearing date;
In the joint statement both sides SHALL address whether the motion may be heard
as a motion in limine;
Counsel SHALL set the motion on June 6, 2017 before Judge Dale A. Drozd. The
Court reserves the right to hear the motion as a motion in limine and to hear it at the sme
time it hears any other motions in limine.
IT IS SO ORDERED.
May 11, 2017
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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