Ponting et al v. Lowe's HIW, Inc.

Filing 25

Disregard, see Dkt. No. 24. (whalc3, COURT STAFF) (Filed on 2/7/2014) Modified on 2/7/2014 (whalc3, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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MICHAEL PONTING and JUDY WONG,

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For the Northern District of California

United States District Court

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Plaintiffs,
v.
LOWE’S HIW, INC.,

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ORDER RE MOTION TO
CONTINUE TRIAL AND
COMPEL DISCOVERY

Defendant.
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No. C 12-06442 WHA

Defendant Lowe’s HIW, Inc., moves to continue the March 17 trial date and re-open

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discovery due to alleged misconduct by plaintiff Michael Ponting and plaintiffs’ counsel.

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Defendant claims that Ponting failed to disclose that he had tripped and was transported to the

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emergency room at San Francisco General Hospital in August 2011. Moreover, defendant

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argues that Ponting withheld important medical information from his expert witnesses and failed

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to provide written disclosures for his non-retained expert witnesses, among other alleged

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problems.

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A hearing on all of these issues will be held on FEBRUARY 19, 2014, AT 8:00 A.M.

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Plaintiffs must file a response to this motion by NOON ON FEBRUARY 13. Defendant must file a

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reply by NOON ON FEBRUARY 17. At the hearing, both parties must be prepared to identify and

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address all issues properly raised. The parties are further ordered to bring all necessary materials

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to get to the bottom of defendant’s allegations of misconduct. In the meantime, the trial date

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stands and the parties must file all pretrial materials on time.

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Defendant must explain why it waited to depose Doreen Casuto, R.N., until after the

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close of discovery. Defendant must also be prepared to identify all information it seeks to

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supplement discovery and exactly how that information would be obtained. Plaintiff and

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plaintiff’s counsel must address why they did not disclose the August 2011 fall.

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IT IS SO ORDERED.

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Dated: February 7, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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