Mariscal v. Graco, Inc.

Filing 45

ORDER Requiring Response. Signed by Judge Thelton E. Henderson on 06/09/14. (tehlc2, COURT STAFF) (Filed on 6/9/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOSHUA MARISCAL,

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Case No. 13-cv-02548-TEH

Plaintiff,

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v.

ORDER REQUIRING RESPONSE

GRACO, INC.,
Defendant.

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This matter is set to come before the Court on June 16, 2014, on Defendant’s

United States District Court
Northern District of California

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motion for summary judgment. On June 3, 2014, Defendant filed objections to evidence

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submitted by Plaintiff in support of his Opposition to Summary Judgment. Specifically,

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Defendant objects to the Declaration of David Rondinone, Ph. D., as an untimely and

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improper expert disclosure, in violation of Rule 26(a)(2) of the Federal Rules of Civil

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Procedure. See Docket No. 43; see also Plumley v. Mockett, 836 F. Supp. 2d 1053, 1061-

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65 (C.D. Cal. 2010) (excluding untimely expert witness testimony in the absence of a

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showing that the party’s failure to previously disclose the required information in a timely

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manner is substantially justified or harmless). Additionally, Defendant objects to the

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May 27, 2014 Declaration of Joshua Mariscal as self-serving and contradictory. Plaintiff

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shall file a response to Defendant’s objections on or before June 12, 2014, at 12:00 PM,

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and the matter will then be deemed submitted.

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IT IS SO ORDERED.

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Dated: 06/09/14

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THELTON E. HENDERSON
United States District Judge