Sawyer v. Rite Aid Corporation et al
Filing
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ORDER DENYING REQUEST FOR FURTHER CASE MANAGEMENT CONFERENCE 28 .(whalc2, COURT STAFF) (Filed on 4/20/2016)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
For the Northern District of California
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TODD SAWYER,
Plaintiff,
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No. C 15-05109 WHA
v.
RITE AID CORPORATION,
ORDER DENYING REQUEST
FOR FURTHER CASE
MANAGEMENT CONFERENCE
Defendant.
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Defendant Rite Aid Corporation has filed an administrative motion requesting a further
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case management conference to seek clarification on the deadline for initial disclosures. The
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case management order states: “All initial disclosures under FRCP 26 must be completed by
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MAY 25, 2016, on pain of preclusion under FRCP 37(c), including full and faithful compliance
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with FRCP 26(a)(1)(A)(iii).”
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According to Rite Aid’s administrative motion, the parties disagree about the following:
The parties seek clarification on whether the Court’s order means
that: (1) all first-round initial disclosures in the cases must be
completed by May 25, 2016, but that the parties may continue to
supplement the disclosures as discovery proceeds (plaintiff’s
interpretation of the Court’s order), or (2) any and all disclosures
must be made by this deadline, and the parties may not
supplement the disclosures after this deadline (Rite Aid’s
interpretation of the Court’s order).
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FRCP 26(a)(1) does not differentiate between “first-round” initial disclosures and later-round
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initial disclosures. Rather it describes all initial disclosures that “a party must, without awaiting
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a discovery request, provide to the parties.” The case management order set May 25 as the
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deadline for “[a]ll initial disclosures.” FRCP 26(e) describes the process for supplementing
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initial disclosures and supplements must genuinely qualify as supplements. Rite Aid’s motion
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requesting a further case management conference for the Court to explain how FRCP 26 works
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is DENIED.
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IT IS SO ORDERED.
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Dated: April 20, 2016.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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United States District Court
For the Northern District of California
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