Valiavacharska v. Celaya et al

Filing 78

ORDER RE: LEAVE TO DISCLOSE (Dkt. No. 76). Signed by Magistrate Judge Jacqueline Scott Corley on 1/5/2012. (ahm, COURT STAFF) (Filed on 1/5/2012)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 11 ZHIVKA VALIAVACHARSKA, Northern District of California United States District Court 12 13 14 15 Plaintiff, Case No: 10-4847 JSC ORDER RE: LEAVE TO DISCLOSE (Dkt. No. 76) v. MITCH CELAYA, et al., Defendants. 16 17 Now pending before the Court is Plaintiff’s January 4, 2012 letter (Dkt. No. 76) 18 objecting to Defendants’ request to disclose a Supplemental Rule 26 Report to Plaintiff (Dkt. 19 No. 75). The parties were directed to disclose Rule 26 reports by December 29, 2011. 20 Plaintiff claims that Defendants’ disclosure of a three-page report before 9 am on December 21 30, 2011 results in prejudice to Plaintiff and should be excluded. Plaintiff fails to show how 22 this delay of mere hours results in prejudice, particularly when Plaintiff served a Rule 26 23 report on Defendants after business hours on December 29, 2011. Plaintiff’s request for the 24 exclusion of this report is therefore DENIED. 25 26 27 28 IT IS SO ORDERED. Dated: January 5, 2012 ______________________________________ JACQUELINE SCOTT CORLEY United States Magistrate Judge

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