Dameron Hospital Association v. State Farm Mutual Automobile Insurance Company

Filing 76

ORDER signed by Judge Garland E. Burrell, Jr., on 9/25/12 ORDERING that the Final Pretrial Conference is RESET for 2/25/2013 at 02:30 PM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr., and the Trial is RESET for 5/21/2013 at 09:00 A M in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.. Defendant's 54 Motion to Strike Plaintiff's untimely expert reports/declarations is DENIED. Defendant shall disclose any contradictory and/or rebuttal experts responsive t o Plaintiff's disclosure of experts Brad Reinkie, M.D. and/or Scott Bernasconi on or before 10/26/2012; all expert discovery concerning Brad Reinkie, M.D., Scott Bernasconi, and any contradictory and/or rebuttal experts disclosed by Defendant as authorized herein shall be completed by 12/26/2012. (Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAMERON HOSPITAL ASSOCIATION, a
California Non-Profit
Association,
Plaintiff,

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v.

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STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY,

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Defendant.
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2:10-cv-03396-GEB-JFM
ORDER MODIFYING THE STATUS
(PRETRIAL SCHEDULING) ORDER
AND DENYING DEFENDANT’S
MOTION TO STRIKE PLAINTIFF’S
UNTIMELY EXPERT REPORTS

In light of the pending cross-motions for summary judgment and

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the

congested

nature

of

the

Court’s

docket,

the

final

pretrial

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conference is rescheduled to commence at 2:30 p.m. on February 25, 2013,

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and the trial is rescheduled to commence at 9:00 a.m. on May 21, 2013.

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Further, due to these scheduling changes, Defendant’s Motion

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to Strike Plaintiff’s untimely expert reports/declarations (ECF No. 54)

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is denied. See Lanard Toys Ltd. v. Novelty, Inc., 375 Fed. Appx. 705,

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713 (9th Cir. 2010)(stating “a failure [to] timely serve an expert

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report may be excused if the failure . . . is harmless”)(citing Yeti by

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Molly Ltd. v. Deckers Outdoor Corp., 259 F.3d 1101, 1106 (9th Cir.

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2001)).

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Defendant shall disclose any contradictory and/or rebuttal

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experts responsive to Plaintiff’s disclosure of experts Brad Reinkie,

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M.D. and/or Scott Bernasconi on or before October 26, 2012; all expert

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discovery concerning Brad Reinkie, M.D., Scott Bernasconi, and any

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contradictory

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authorized herein shall be completed by December 26, 2012.

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Dated:

and/or

rebuttal

experts

disclosed

by

Defendant

September 25, 2012

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GARLAND E. BURRELL, JR.
Senior United States District Judge

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as