Tom v. Rite Aid Corporation

Filing 25


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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 United States District Court For the Northern District of California 10 BOB TOM, Plaintiff, 11 12 13 14 No. C 16-00562 WHA v. RITE AID CORPORATION, ORDER DENYING REQUEST FOR FURTHER CASE MANAGEMENT CONFERENCE Defendant. / 15 16 Defendant Rite Aid Corporation has filed an administrative motion requesting a further 17 case management conference to seek clarification on the deadline for initial disclosures. The 18 case management order states: “All initial disclosures under FRCP 26 must be completed by 19 MAY 25, 2016, on pain of preclusion under FRCP 37(c), including full and faithful compliance 20 with FRCP 26(a)(1)(A)(iii).” 21 22 23 24 25 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). 26 FRCP 26(a)(1) does not differentiate between “first-round” initial disclosures and later-round 27 initial disclosures. Rather it describes all initial disclosures that “a party must, without awaiting 28 a discovery request, provide to the parties.” The case management order set May 25 as the 1 deadline for “[a]ll initial disclosures.” FRCP 26(e) describes the process for supplementing 2 initial disclosures and supplements must genuinely qualify as supplements. Rite Aid’s motion 3 requesting a further case management conference for the Court to explain how FRCP 26 works 4 is DENIED. 5 6 IT IS SO ORDERED. 7 8 Dated: April 20, 2016. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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