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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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 MONA ALLEN, et al., 5 Plaintiffs, v. 6 7 COUNTY OF LAKE, et al., Case No. 14-cv-03934-TEH ORDER DENYING PLAINTIFFS’ REQUEST TO SUPPLEMENT EXPERT DISCLOSURE Defendants. 8 9 During the hearing on the parties’ motions for summary judgment on January 18, 10 United States District Court Northern District of California 11 2017, Plaintiffs’ counsel, Mr. Elford, requested that he be allowed to supplement his expert 12 disclosures. While the Court tentatively denied this request, it also gave Mr. Elford until 13 January 20, 2017 to provide legal authority supporting his request. ECF No. 212. On 14 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. 15 16 Elford cited Fed. R. Civ. P. 26(a)(2)(E), which requires the parties to “supplement [expert] 17 disclosures when required under Rule 26(e).” However, Mr. Elford failed to cite the rest 18 of the rule, Rule 26(e), which requires such supplementation “if the party learns that in 19 some material respect the disclosure or response is incomplete or incorrect, and if the 20 additional or corrective information has not otherwise been made known to the other 21 parties during the discovery process or in writing.” Fed. R. Civ. P. 26(e)(1)(A) (emphasis 22 added). Mr. Elford’s other cited cases are consistent the requirements of Rule 26(e). Here, 23 where Mr. Elford has not alleged Plaintiffs’ expert disclosure was incomplete or incorrect, 24 the requirements of Rule 26(e) have not been satisfied. Thus, the Court’s tentative ruling 25 stands. 26 /// 27 /// 28 /// 1 2 Accordingly, Plaintiffs’ request to supplement their expert disclosures is DENIED. IT IS SO ORDERED. 3 4 5 Dated: 1/23/17 _____________________________________ THELTON E. HENDERSON United States District Judge 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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