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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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ZHIVKA VALIAVACHARSKA,

Northern District of California

United States District Court

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Plaintiff,

Case No: 10-4847 JSC
ORDER RE: LEAVE TO DISCLOSE
(Dkt. No. 76)

v.
MITCH CELAYA, et al.,
Defendants.

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Now pending before the Court is Plaintiff’s January 4, 2012 letter (Dkt. No. 76)

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objecting to Defendants’ request to disclose a Supplemental Rule 26 Report to Plaintiff (Dkt.

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No. 75). The parties were directed to disclose Rule 26 reports by December 29, 2011.

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Plaintiff claims that Defendants’ disclosure of a three-page report before 9 am on December

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30, 2011 results in prejudice to Plaintiff and should be excluded. Plaintiff fails to show how

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this delay of mere hours results in prejudice, particularly when Plaintiff served a Rule 26

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report on Defendants after business hours on December 29, 2011. Plaintiff’s request for the

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exclusion of this report is therefore DENIED.

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IT IS SO ORDERED.
Dated: January 5, 2012

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JACQUELINE SCOTT CORLEY
United States Magistrate Judge