Estate of Anton Pat Barrett, et al. v. City of Vallejo, et al.

Filing 34

ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/18/2015. Court finds the belated disclosure of plaintiff's expert is neither substantially justified nor harmless. Defendants' 23 Motion to Strike plaintiffs' expert is theref ore GRANTED. Plaintiffs' 26 Motion to Compel is GRANTED in part. No later than 2/23/2015, defendants shall produce documents identified in proposed [30-2] Protective Order at 2:5-3:4 (at p. 10-11). Said documents shall be produced subject to provisions of proposed [30-2] Protective Order (at p. 9-13). Defendants directed to submit proposed Protective Order in Word format for signature by Judge Delaney. The remainder of the 26 Motion to Compel is DENIED. (Marciel, M) (Main Document 34 replaced on 2/18/2015) (Marciel, M).

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ESTATE OF ANTON BARRETT, et al.,

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Plaintiffs,

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No. 2:13-cv-0846 JAM CKD

v.

ORDER

CITY OF VALLEJO, et al.,

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Defendants.

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Defendants’ motion to strike plaintiff’s expert Roger Clark and plaintiffs’ motion to

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compel production of documents and further responses to interrogatories is pending before the

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court. The matters were submitted on the papers. Upon review of the documents in support and

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opposition, and good cause appearing, THE COURT FINDS AND ORDERS AS FOLLOWS:

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1. The court finds that the belated disclosure of plaintiffs' expert is neither substantially

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justified nor harmless. Defendants’ motion to strike plaintiff’s expert (ECF No. 23) is therefore

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granted.

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2. Plaintiffs' motion to compel (ECF No. 26) is granted in part. No later than February

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23, 2015, defendants shall produce the documents identified in the proposed protective order at

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2:5-3:4 (ECF No. 30-2 at p. 10-11). Said documents shall be produced subject to the provisions

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of the proposed protective order (ECF No. 30-2 at p. 9-13). Defendants are directed to submit the

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proposed protective order in Word format for signature by the undersigned. The remainder of the

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motion to compel is denied.

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Dated: February 18, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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