Anderson v. Kelso, et al.

Filing 197

ORDER signed by Magistrate Judge Kendall J. Newman on 7/2/15 ORDERING that Defendants' request to amend the pretrial order is GRANTED; The pretrial order is amended as follows: Discovery is closed, except for depositions of expert witnesses listed by the parties in their pretrial statements, which shall be completed by September 18, 2015.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SAMUEL ANDERSON,

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No. 2: 12-cv-0261 MCE KJN P

Plaintiff,
v.

ORDER

J. CLARK KELSO, et al.,
Defendants.

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Plaintiff is a state prisoner, proceeding through counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. This action is set for jury trial before the Honorable Morrison C. England

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on December 14, 2014.

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On June 17, 2015, the court issued a pretrial order. (ECF No. 194.) On June 19, 2015,

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defendants filed objections to the pretrial order. (ECF No. 195.) The undersigned addresses

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defendants’ objections herein.

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Defendants object to the section of the pretrial order stating that discovery is closed. In

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their objections, defendants submit that discovery should be closed, except for expert witness

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discovery permitted under Federal Rule of Civil Procedure 26(b)(6)A). Defendants state that the

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identity of expert witnesses were not known to the parties until after discovery had closed, and

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dispositive motions had been filed. Defendants state that the declaration of plaintiff’s expert, Dr.

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Frank, was a significant factor in the denial of defendants’ summary judgment motion.
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Defendants state that permitting pre-trial depositions of opposing experts would result in more

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efficient cross-examination at the time of trial, save time and expense for the court, jury and

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parties.

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Defendants request that the pretrial order be amended to state that, “Discovery is closed,

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except for depositions of expert witnesses listed by the parties in their pretrial statements, which

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shall be completed by September 18, 2015.” Plaintiff has not objected to this request.

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Good cause appearing, IT IS HERBY ORDERED that:

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1. Defendants’ request to amend the pretrial order is granted;

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2. The pretrial order is amended as follows: Discovery is closed, except for depositions

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of expert witnesses listed by the parties in their pretrial statements, which shall be completed by

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September 18, 2015.

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Dated: July 2, 2015

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