Lennear, et al v. Diamond Pet Food Processors of California, LLC et al

Filing 80

ORDER CLARIFYING THE COURT'S AMENDED SCHEDULING ORDER, signed by District Judge Troy L. Nunley on 3/30/16, ORDERING that the Joint Final Pretrial Conference Statement is due one week prior to the Joint Final Pretrial Conference, making it due on or before January 5, 2017. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LELAND LENNEAR AND NARVELL
HENRY, SR.,
Plaintiff,

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v.

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No. 2:13-cv-01871-TLN

ORDER CLARFIYING THE COURT’S
AMENDED SCHEDULING ORDER

DIAMOND PET FOOD PROCESSORS
OF CALIFORNIA, LLC., et al.,

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Defendant.

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This matter is before the Court pursuant to Plaintiffs’ objection to the Amended Pretrial

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Scheduling Order. (ECF No. 78.) This Court previously issued an Amended Pretrial scheduling

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order in an effort to accommodate requests made within the joint status report filed by the parties.

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In doing so, the Court adopted language used by the parties in the joint status report. Plaintiffs

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now assert that such language is “confusing in a number of respects.” (ECF No. 78 at 2.) The

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Court does not agree, but finds that if the language is unclear it is of the parties’ own doing.

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However, in an effort to be crystal clear, the Court shall use simple, elementary terms to describe

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the parameters of the disclosure deadlines included in the Court’s Amended Pretrial Scheduling

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Order:

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

The Court ordered the parties to supplement their discovery responses which
Defendants, but only the Defendants, have complied with by providing additional
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documentation and supplemented Interrogatory responses and by continuing to

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pull together necessary supplementation.

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

Plaintiff was given until March 18, 2016, to supplement their designated experts

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by designating additional experts, which they failed to do, and Defendants were

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given until April 15, 2016, to designate a counter-expert to Plaintiffs’ experts.

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

Pursuant to this deadline, Plaintiffs and Defendants will have the opportunity to

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depose each other’s designated experts once their reports have been provided,

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which is implicit in the Court’s Order allowing for expert disclosures.

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

Nothing in this Order should be construed as reopening the discovery deadline
which expired in December 2014.

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As to Plaintiffs’ confusion as to the deadline for the Joint Final Pretrial Conference

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Statement, such confusion is warranted. The Joint Final Pretrial Conference Statement is due one

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week prior to the Joint Final Pretrial Conference, making it due on or before January 5, 2017.

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Finally, the Court encourages the parties to meet and confer and when possible stipulate to

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scheduling changes when applicable. The Court has a very full case load and does not appreciate

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having to arbitrate squabbles between attorneys who should have the professionalism to resolve

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such scheduling disputes without wasting the Court’s time and resources.

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IT IS SO ORDERED.

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Dated: March 30, 2016

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Troy L. Nunley
United States District Judge

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