Pronechen v. U.S. Department of Homeland Security

Filing 77

AMENDED 75 ORDER granting plaintiff's 65 Motion to Amend Scheduling Order signed by Senior Judge Ronald S.W. Lew on 8/7/2009. Designation of Expert Witnesses cut-off date is 12/18/2009. All Discovery shall be completed by 10/21/2009. All Dispositive Motions to be tendered by 1/21/2010. Final Pretrial Conference set for 3/23/2010 at 10:00 AM and Court Trial set for 5/18/2010 at 10:00 AM in Visiting Judge (TBD). (Marciel, M)

1 2 3 4 5 6 7 8 9 10 11 Ronald L. Pronechen, 12 13 14 15 16 17 18 19 ) ) Plaintiff, ) ) ) v. ) ) Secretary of U.S. ) Department of Homeland ) Security, ) ) Defendant. ) ) ) ) CV 06-1726-LEW **AMENDED** ORDER GRANTING Plaintiff's Motion to Amend Scheduling Order [64] UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Plaintiff's Motion to Amend Scheduling Order [64] Having taken the

20 was set for hearing on July 17, 2009.

21 matter under submission on July 13, 2009, and having 22 reviewed all papers submitted pertaining to this motion 23 the Court, NOW FINDS AND RULES AS FOLLOWS: 24 25 Plaintiff has demonstrated good cause to extend 26 discovery and amend the scheduling order accordingly. 27 Thus, Plaintiff's Motion to Amend Scheduling Order is 28 GRANTED, with limitations. In re-opening discovery,
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1 the Court permits depositions of witnesses previously 2 disclosed and not deposed, as well as written discovery 3 regarding documents and information disclosed and 4 available prior to the original discovery cut-off date, 5 so long as the discovery would have been conducted 6 prior to the discovery cut-off deadline had these 7 documents been provided, and is not based on completely 8 new theories. 9 10 In addition, Plaintiff is allowed to conduct

11 discovery regarding four additional applications 12 (0492424, 0490444,049054, & 0492414) he made after he 13 submitted his original administrative claim because the 14 additional applications are reasonably related to the 15 original allegations. See Chung v. Pomona Valley

16 Community Hospital, 667 F.2d 788, 792 (9th Cir. 1982) 17 (holding that alleged discriminatory claims that are 18 not recorded in the original EEOC charge may be 19 adjudicated so long as they are "like or reasonably 20 related to the allegations of the EEOC charge").1 21 Furthermore, the recently provided documents indicate 22 23 24 25 of claims, this Order only permits discovery regarding 26 these applications and should not be read as permitting 27 adjudication of these claims or as amending the 28 original complaint to include these claims.
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Though Chung applies to the actual adjudication

1 that it is important to pursue discovery regarding 2 these claims. However, Plaintiff cannot pursue

3 discovery related to claims he has already dismissed. 4 5 Accordingly, the Court sets the following dates: 10-21-09 12-18- 09** 01-21-10 03-23-10 10 a.m. 05-18-10 10 a.m.

6 Discovery Cut-Off: 7 Expert Cut-Off: 8 Last day to file motions: 9 Final Pretrial Conference: 10 **Court Trial: 11 12 IT IS SO ORDERED. 13 14 15 16 17 18 DATED: 19 20 21 22 23 24 25 26 27 28
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HONORABLE RONALD S.W. LEW Senior, U.S. District Court Judge

August 7, 2009