Jayne v. Bosenko et al

Filing 180

ORDER AFTER HEARING granting 171 Motion to allow late designation of expert witness; denying without prejudice to renewal 172 Motion for Leave to Allow Late Filing of Dispositive Motion. Scheduling Order modified (see order for details). Status Conference SET for 10/28/15 @ 10:00 a.m. in Courtroom No. 8. Signed by Magistrate Judge Edmund F. Brennan on 4/15/15. (Hinkle, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL AARON JAYNE,

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Plaintiff,

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No. 2:08-cv-2767-TLN-EFB P

v.
TOM BOSENKO, et al.,

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ORDER AFTER HEARING ON PLAINTIFF’S
MOTIONS TO ALLOW LATE FILING OF
DISPOSITIVE MOTION AND FOR LATE
DESIGNATION OF EXPERT WITNESS

Defendants.

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Plaintiff is a state prisoner proceeding through counsel in an action brought under 42

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U.S.C. § 1983. On April 15, 2015, this action was on calendar for hearing on plaintiff’s motions

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to modify the scheduling order to allow for the filing of a dispositive motion and for the

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designation of an expert witness. Attorney Carter White and certified law students Johnathan

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Baldauf and Janette Hahn appeared on behalf of plaintiff; Attorney Gary Brickwood appeared on

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behalf of defendants. As stated on the record, IT IS HEREBY ORDERED that:
1. Plaintiff’s motion for leave to allow late filing of dispositive motion (ECF No. 172) is

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denied without prejudice to renewal;

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2. Plaintiff’s motion for leave to allow late designation of expert witness (ECF No. 171)

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is granted;

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3. Defendants’ rebuttal expert witness designation is due by June 15, 2015;

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4. The deadline for completion of expert witness depositions and for written discovery
regarding the disciplinary diet claim is extended to October, 13, 2015;1

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5. Defendants are relieved from their obligation to file a pretrial statement by April 17,

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2015; and
6. A status conference is scheduled for Wednesday, October 28, 2015 at 10:00 AM in

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Courtroom No. 8, before the undersigned.
DATED: April 15, 2015.

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The word “completed” means that all discovery shall have been conducted so that all
depositions have been taken and any disputes relative to discovery shall have been resolved by
appropriate order if necessary and, where discovery has been ordered, the order has been
complied with.
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