Ali v. Pasha Hawaii Holdings, LLC

Filing 80

ORDER by Judge Haywood S. Gilliam, Jr. DENYING 79 MOTION FOR LEAVE TO ADVANCE HEARING DATE. (ndr, COURT STAFF) (Filed on 5/6/2022)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ABDULATAEF ALI, Plaintiff, 8 9 10 v. PASHA HAWAII HOLDINGS, LLC, ORDER DENYING MOTION FOR LEAVE TO ADVANCE HEARING DATE Re: Dkt. No. 79 Defendant. 11 United States District Court Northern District of California Case No. 20-cv-08122-HSG 12 13 Before the Court is Plaintiff’s motion for leave to advance the hearing date of its Motion to 14 Strike Defendant’s Witness Greg Johnson. Plaintiff’s Motion to Strike essentially alleges that 15 Defendant did not identify Greg Johnson in its initial disclosures or in response to interrogatories, 16 has not produced him for deposition, and has otherwise failed to identify him as a rebuttal expert 17 or a non-retained employee. Dkt. No. 74 at 2-3. It accordingly seeks an order “striking Greg 18 Johnson from Defendant’s witness list and disallow[ing] him from appearing and testifying at 19 trial.” Id. at 5. 20 Although Plaintiff’s motion is styled as a “Motion to Strike,” it is actually a 21 straightforward motion in limine seeking to preclude the testimony of a witness under Federal 22 Rule of Civil Procedure 37. It is therefore untimely. See Civil Pretrial and Trial Standing Order 23 for Cases Before District Judge Haywood S. Gilliam, Jr. ¶ 24 (“Motions in limine must be filed 24 with the Court no later than 21 days prior to the date set for the Pretrial Conference.”). 25 The Court accordingly DENIES the pending motion to advance the hearing on the Motion 26 to Strike and will resolve Plaintiff’s Motion to Strike as follows: Defendant shall respond to the 27 Motion to Strike by May 12, 2022, after which the Motion will be deemed submitted unless the 28 Court orders otherwise. The motion hearing currently set for November 3, 2022, is VACATED. 1 The Court expects, and will require, all counsel to comply with all rules of civil procedure, 2 standing orders and local rules at all times through the resolution of this case. Counsel should 3 commit to knowing and diligently following those rules. 4 5 6 7 8 IT IS SO ORDERED. Dated: 5/6/2022 ______________________________________ HAYWOOD S. GILLIAM, JR. United States District Judge 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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