Doug Duin v. Dale Elaine McCormick, et al

Filing 51

ORDER signed by Judge Garland E. Burrell, Jr. on 9/1/2011 DENYING 42 and 43 Motions to Strike; Erroneous provision detailed in 29 Scheduling Order is STRICKEN. (Michel, G)

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1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE EASTERN DISTRICT OF CALIFORNIA 5 6 DOUGLAS C. DUIN, Plaintiff, 7 v. 8 10 DALE ELAINE McCORMICK; ESTATE OF ROBERT A. McCORMICK, Deceased; JOHN G. STEFFES, 11 Defendants. ________________________________ 9 ) ) ) ) ) ) ) ) ) ) ) ) 2:10-cv-02150-GEB-EFB ORDER 12 Plaintiff 13 moves to strike one of Defendant Dale Elaine 14 McCormick’s expert disclosures, and two of Defendant John G. Steffes’s 15 expert disclosures, arguing those disclosures do not comply with the 16 requirements prescribed in the Court’s January 11, 2011 Scheduling 17 Order. However, review of the January 11, 2011 Scheduling Order’s expert 18 disclosure 19 provision erroneously refers to a non-existing Federal Rule of Civil 20 Procedure. 21 to strike are denied. 22 Dated: provision on which Plaintiff relies reveals 25 the Therefore, that provision stricken, and Plaintiff’s motions September 1, 2011 23 24 that GARLAND E. BURRELL, JR. United States District Judge 26 27 28 1

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