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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ABDULATAEF ALI,
Plaintiff,

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v.
PASHA HAWAII HOLDINGS, LLC,

ORDER DENYING MOTION FOR
LEAVE TO ADVANCE HEARING
DATE
Re: Dkt. No. 79

Defendant.

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United States District Court
Northern District of California

Case No. 20-cv-08122-HSG

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Before the Court is Plaintiff’s motion for leave to advance the hearing date of its Motion to

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Strike Defendant’s Witness Greg Johnson. Plaintiff’s Motion to Strike essentially alleges that

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Defendant did not identify Greg Johnson in its initial disclosures or in response to interrogatories,

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has not produced him for deposition, and has otherwise failed to identify him as a rebuttal expert

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or a non-retained employee. Dkt. No. 74 at 2-3. It accordingly seeks an order “striking Greg

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Johnson from Defendant’s witness list and disallow[ing] him from appearing and testifying at

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trial.” Id. at 5.

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Although Plaintiff’s motion is styled as a “Motion to Strike,” it is actually a

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straightforward motion in limine seeking to preclude the testimony of a witness under Federal

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Rule of Civil Procedure 37. It is therefore untimely. See Civil Pretrial and Trial Standing Order

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for Cases Before District Judge Haywood S. Gilliam, Jr. ¶ 24 (“Motions in limine must be filed

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with the Court no later than 21 days prior to the date set for the Pretrial Conference.”).

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The Court accordingly DENIES the pending motion to advance the hearing on the Motion

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to Strike and will resolve Plaintiff’s Motion to Strike as follows: Defendant shall respond to the

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Motion to Strike by May 12, 2022, after which the Motion will be deemed submitted unless the

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Court orders otherwise. The motion hearing currently set for November 3, 2022, is VACATED.

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The Court expects, and will require, all counsel to comply with all rules of civil procedure,

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standing orders and local rules at all times through the resolution of this case. Counsel should

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commit to knowing and diligently following those rules.

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IT IS SO ORDERED.
Dated: 5/6/2022
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge

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United States District Court
Northern District of California

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