Palacios v. Cosco Home and Office Products, Inc.

Filing 64

ORDER REQUIRING PLAINTIFF TO FILE SUR-REPLY BY 03/22/16 & PERMITTING DEFENDANT TO FILE RESPONSE BY 03/25/16 RE 55 MOTION to Exclude Plaintiff's Expert Brad Wong filed by Ameriwood Industries, Inc. Signed by Judge Kandis A. Westmore on 03/18/2016. (kawlc2S, COURT STAFF) (Filed on 3/18/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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VICTOR PALACIOS,

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Case No. 14-cv-04066-KAW

Plaintiff,
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v.
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AMERIWOOD INDUSTRIES, INC.,

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United States District Court
Northern District of California

Defendant.

ORDER REQUIRING PLAINTIFF TO
FILE SUR-REPLY & PERMITTING
DEFENDANT TO FILE RESPONSE
Re: Dkt. No. 55

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On February 22, 2016, Defendant Ameriwood Industries, Inc. filed a motion to exclude the

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testimony of Brad Wong, whose expert opinions Plaintiff Victor Palacios will seek to introduce at

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trial. Plaintiff filed an opposition to the motion on March 7, 2016, along with a new expert

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opinion dated March 6, 2016. In its reply, Defendant argues that the new opinion is untimely and

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that it, like the initial opinion, fails to pass muster under Daubert v. Merrell Dow Pharms., Inc.,

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509 U.S. 579 (1993). As Plaintiff does not address the timeliness of the March 6, 2016 opinion or

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the admissibility of the initial opinion dated December 6, 2015, Plaintiff shall file a sur-reply of no

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more than 5 pages addressing both of these issues by no later than March 22, 2016.1 Defendant

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may file a response to Plaintiff's sur-reply by no later than March 25, 2016.

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If Plaintiff intends to rely solely on Mr. Wong's March 6, 2016 opinion, he shall specify that in
his sur-reply.

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Furthermore, as of the filing of this order, Plaintiff has not lodged a courtesy copy of his

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opposition papers, and Defendant has not lodged a courtesy copy of its reply. The parties shall

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promptly provide courtesy copies of these filings and any future filings in this case. Civil L.R. 5-

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1(e)(7).

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IT IS SO ORDERED.
Dated: 03/18/2016
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KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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