Allen, et al v. County of Lake, et al

Filing 215

ORDER Denying Plaintiffs' Request to Supplement Expert Disclosure. Signed by Judge Thelton E. Henderson on 1/23/17. (tehlc2, COURT STAFF) (Filed on 1/23/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MONA ALLEN, et al.,

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Plaintiffs,
v.

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COUNTY OF LAKE, et al.,

Case No. 14-cv-03934-TEH

ORDER DENYING PLAINTIFFS’
REQUEST TO SUPPLEMENT
EXPERT DISCLOSURE

Defendants.

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During the hearing on the parties’ motions for summary judgment on January 18,

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United States District Court
Northern District of California

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2017, Plaintiffs’ counsel, Mr. Elford, requested that he be allowed to supplement his expert

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disclosures. While the Court tentatively denied this request, it also gave Mr. Elford until

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January 20, 2017 to provide legal authority supporting his request. ECF No. 212. On

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January, 20, 2017, Mr. Elford timely provided such information. ECF No. 213.
Having reviewed Mr. Elford’s legal authority, the Court is not persuaded. Mr.

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Elford cited Fed. R. Civ. P. 26(a)(2)(E), which requires the parties to “supplement [expert]

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disclosures when required under Rule 26(e).” However, Mr. Elford failed to cite the rest

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of the rule, Rule 26(e), which requires such supplementation “if the party learns that in

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some material respect the disclosure or response is incomplete or incorrect, and if the

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additional or corrective information has not otherwise been made known to the other

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parties during the discovery process or in writing.” Fed. R. Civ. P. 26(e)(1)(A) (emphasis

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added). Mr. Elford’s other cited cases are consistent the requirements of Rule 26(e). Here,

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where Mr. Elford has not alleged Plaintiffs’ expert disclosure was incomplete or incorrect,

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the requirements of Rule 26(e) have not been satisfied. Thus, the Court’s tentative ruling

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stands.

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Accordingly, Plaintiffs’ request to supplement their expert disclosures is DENIED.
IT IS SO ORDERED.

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Dated: 1/23/17

_____________________________________
THELTON E. HENDERSON
United States District Judge

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United States District Court
Northern District of California

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