Myrtle Street Flats LLC, v. City of Vallejo et al

Filing 66

ORDER signed by Magistrate Judge Kendall J. Newman on 3/15/19 GRANTING 61 Motion for Protective Order. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MYRTLE STREET FLATS LLC dba
SUNRISE PROPERTIES,
Plaintiff,

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No. 2:17-cv-1662-JAM-KJN

ORDER
v.
CITY OF VALLEJO, et al.,
Defendants.

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On March 14, 2019, the court conducted a hearing on plaintiff’s motion to preclude James

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McMullen as an expert for defendant City of Vallejo and for leave to conduct additional

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depositions above the ten-deposition limit outlined in Federal Rule of Civil Procedure

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30(a)(2)(A)(i). (ECF No. 61.) After carefully considering the parties’ joint statement regarding

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their discovery disagreement (ECF No. 64) and oral argument at the hearing, and for the reasons

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stated on the record at the hearing, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to preclude James McMullen (and his company) as an expert for
defendant City of Vallejo is GRANTED.
2. The City of Vallejo is granted leave to designate a new expert in place of McMullen in
accordance with all the requirements of Federal Rule of Civil Procedure 26(a)(2)
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within 60 days of this order. Any rebuttal expert disclosure from plaintiff shall be due

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within 30 days of the expert disclosure by the City of Vallejo.

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3. In light of the anticipated impact on the current case schedule, the parties are directed

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to promptly meet and confer, and submit a stipulation and proposed order for

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modification of the case schedule for Judge Mendez’s consideration.

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4. Plaintiff is granted leave to conduct the 14 total proposed depositions outlined in the

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joint statement. In accordance with the parties’ joint request, the deposition of ECS

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Construction may take place in April 2019 after the present discovery completion

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deadline, to the extent that the request may not be moot after any modification of the

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scheduling order.
IT IS SO ORDERED. This order resolves ECF No. 61.
Dated: March 15, 2019

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