Im v. Home Depot U.S.A., Inc.

Filing 54

ORDER GRANTING DEFENDANT'S MOTION TO STRIKE PLAINTIFF'S EXPERT DALE FIETZ; DENYING DEFENDANT'S MOTION TO STRIKE PLAINTIFF'S EXPERT AGNES GROGAN; EXTENDING IN PART EXPERT DISCOVERY DEADLINES. Defendant's motion to exclu de Dale Fietz is granted. Defendant's motion to exclude Agnes Grogan is denied, provided plaintiff serves on defendant, no later than June 4, 2018, a supplement to Grogan's report. If defendant wishes to designate thereafter an expert in t he same area of expertise, defendant shall do so no later than June 11, 2018. As to Grogan and any such expert so designated by defendant, the expert discovery cutoff is extended to July 6, 2018. Signed by Judge Maxine M. Chesney on May 18, 2018. (mmclc1, COURT STAFF) (Filed on 5/18/2018)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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UN U IM,
Plaintiff,

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v.

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United States District Court
Northern District of California

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Case No. 17-cv-01092-MMC

HOME DEPOT U.S.A., INC.,
Defendant.

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ORDER GRANTING DEFENDANT'S
MOTION TO STRIKE PLAINTIFF’S
EXPERT DALE FIETZ; DENYING
DEFENDANT'S MOTION TO STRIKE
PLAINTIFF'S EXPERT AGNES
GROGAN; EXTENDING IN PART
EXPERT DISCOVERY DEADLINES
Re: Dkt. Nos. 46, 47

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Before the Court are two motions, both filed April 12, 2018, by defendant Home

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Depot U.S.A., Inc.: (1) "Motion to Strike Plaintiff's Expert Dale Fietz"; and (2) "Motion to

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Strike Plaintiff's Expert Agnes Grogan." The matters came on regularly for hearing on

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May 18, 2018. Gunter Mihaescu appeared on behalf of plaintiff Un U Im. T. Connor

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O'Carroll and William Noel Edlin of Bassi, Edlin, Huie & Blum LLP appeared on behalf of

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defendant. Having read and considered the papers filed in support of and in opposition

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to the motion, as well as the parties' respective oral arguments, the Court, for the reasons

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stated on the record at the hearing, rules as follows.
Defendant's motion to exclude Dale Fietz is hereby GRANTED, as his opinions are

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not based on "scientific, technical, or other specialized knowledge." See Fed. R. Evid.

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702.

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Defendant's motion to exclude Agnes Grogan ("Grogan") is hereby DENIED,

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provided plaintiff serves on defendant, no later than June 4, 2018, a supplement to

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Grogan's report. If defendant wishes to designate thereafter an expert in the same area

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of expertise, defendant shall do so no later than June 11, 2018. As to Grogan and any

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such expert so designated by defendant, the expert discovery cutoff is hereby

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EXTENDED to July 6, 2018.

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IT IS SO ORDERED.

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Dated: May 18, 2018
MAXINE M. CHESNEY
United States District Judge

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United States District Court
Northern District of California

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