Contreras v. UAL Corporation et al
Filing
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ORDER RE REQUEST FOR CLARIFICATION RE EXPERT DEADLINES re 49 Letter, 21 Case Management Scheduling Order. Signed by Judge Alsup on July 28, 2014. (whalc1, COURT STAFF) (Filed on 7/28/2014)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JULIO E. CONTRERAS,
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For the Northern District of California
United States District Court
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No. C 10-05127 WHA
Plaintiff,
v.
UAL CORPORATION, a Delaware
corporation, UNITED AIR LINES, INC., a
Delaware corporation, CHARLES
WILLIAMS, an individual, and DOES 1–10,
ORDER RE REQUEST FOR
CLARIFICATION RE EXPERT
DEADLINES
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Defendants.
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/
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The August 2013 case management order stated that the last date for designation of
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expert testimony and disclosure of full opening expert reports on any issue upon which a party
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has the burden of proof was June 27, 2014. The expert discovery cutoff was August 1.
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Dispositive motions are due August 7 and trial begins October 20, 2014 (Dkt. No. 21).
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On July 22 at 9:22 p.m., the parties filed a one-sentence stipulation and proposed order
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stating that the parties agreed to “extend the expert disclosure deadline from July 22, 2014 to
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August 12, 2014.” The motion was denied.
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The parties then filed a “joint request for clarification / consideration of proposed
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deadlines re: expert rebuttal and reply reports.” They stated that on June 25, they unilaterally
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“agreed” to extend the date for opening expert reports to July 22 but “inadvertently failed to file
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[the] stipulation with [the] Court.” They further stated that “all opening expert reports” were
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exchanged on July 23. They now propose exchanging opposition reports on August 6, reply
reports on August 13, and expert discovery closing on August 27.
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The parties state that they “understand” that dispositive motions must be filed by August 7,
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trial begins October 20, 2014, and “all related deadlines” remain the same.
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This order acknowledges that counsel have privately stipulated to postpone and delay
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the expert schedule and hopefully this will not be an issue on summary judgment and/or trial.
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The difficulty is that the schedule in the case management order allowed for adequate time to
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bring motions to object to passages in the expert reports without putting pressure on the
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summary judgment and/or trial dates. Now counsel have unilaterally eliminated that flexibility
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from the schedule. It is impossible at this stage to know what objections to experts will arise as
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the case proceeds. If it turns out that objections are made to expert testimony that could have
been seasonably litigated under the original schedule (but not on the privately agreed-upon
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For the Northern District of California
United States District Court
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schedule), then the Court may deny relief based upon the failure to adhere to the original
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schedule. All other deadlines remain in place.
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IT IS SO ORDERED.
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Dated: July 28, 2014.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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