Carrera v. Thyssen Krupp Safway, Inc.

Filing 59

ORDER by Magistrate Judge Howard R. Lloyd Denying 35 defendant's Motion to Strike; Sanctioning Plaintiff's Counsel; and Re-Setting Deadlines. Trial set to begin 3/21/2011 is VACATED. Plaintiff's expert designation due by 3/21/2011. Parties' designation of rebuttal experts with reports due by 4/11/2011. Close of expert discovery: 5/27/2011. Last date for hearing re experts or expert disclosures: 7/26/2011, 10:00 AM. Final Pretrial Conference continued to 9/27/2011, 1:3 0 PM. Plaintiff's counsel sanctioned $750.00 payable forthwith to the Clerk of the Court. Defendant's papers re fees and costs incurred due by 3/28/2011. Plaintiff's response due by 4/11/2011. Defendant's reply (if any) due by 4/18/2011. Matter to be deemed submitted on the papers without oral argument. (hrllc2, COURT STAFF) (Filed on 3/8/2011)

Carrera v. Thyssen Krupp Safway, Inc.

Doc. 59

1 2 3 4 5 6 7 8 9 10 NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION BONIFACIO CARRERA, Plaintiff, v. THYSSEN KRUPP SAFEWAY, INC. and DOES 1 to 100, inclusive, Defendant. 16 / 17 18 19 20 21 22 23 24 25 26 27 28 Defendant moves to strike plaintiff's expert designations. There is no dispute that the expert designations were late and failed to comply with Fed. R. Civ. P. 26(a)(2). Plaintiff's counsel offered no satisfactory justification for these failings. And, as discussed at the motion hearing, this court is underwhelmed, to put it mildly, by plaintiff's efforts to comply with court orders and the applicable federal rules. Nevertheless, the court also finds that, where possible, cases should be decided on their merits. And, it concludes that on balance, and having weighed competing legitimate interests and possible prejudice, the motion should be denied. The trial set to begin on March 21, 2011 is vacated. No later than March 21, 2011, plaintiff shall deliver to defendant an expert designation that provides all information required to be disclosed by Fed. R. Civ. P. 26(a)(2). The parties shall have until April 11, 2011 to designate rebuttal experts with reports. No. C09-02672 HRL ORDER (1) DENYING DEFENDANT'S MOTION TO STRIKE; (2) SANCTIONING PLAINTIFF'S COUNSEL; AND (3) RE-SETTING DEADLINES [Re: Docket No. 35] *E-FILED 03-08-2011*

United States District Court

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For the Northern District of California

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Dockets.Justia.com

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Expert discovery closes on May 27, 2011. The last date to hear motions re experts or expert disclosures (including any motions under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993)) is July 26, 2011, 10:00 a.m. The pretrial conference is continued to September 27, 2011, 1:30 p.m. The parties shall comply with the undersigned's Standing Order re Pretrial Preparation with respect to the timing and content of the Joint Pretrial Statement and other submissions. The parties shall also be prepared to discuss the setting of a new trial date. Plaintiff's counsel is sanctioned $750.00, payable to the Clerk of the Court, for his noncompliance with Fed. R. Civ. P. 26 and this court's order. Payment shall be made forthwith. Plaintiff's counsel shall also pay defendant's reasonable attorneys' fees and costs necessitated by plaintiff's counsel's failure to serve timely and proper expert disclosures--including any fees incurred in bringing the instant motion.1 No later than March 28, 2011, defendant shall submit declaration(s) from appropriate person(s) and any supporting documentation for its claimed fees and costs. Plaintiff shall file responsive papers by April 11, 2011. Defendant's reply, if any, shall be filed by April 18, 2011. Unless otherwise ordered, the matter will be deemed submitted on the papers without oral argument. SO ORDERED. Dated: March 8, 2011 HOWARD R. LLOYD

United States District Court

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For the Northern District of California

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UNITED STATES MAGISTRATE JUDGE

As discussed at the motion hearing, however, fees and costs incurred in general trial preparation will not be reimbursed.
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5:09-cv-02672-HRL Notice has been electronically mailed to: Frank Edward Schimaneck [e-mail], [e-mail], [e-mail], [e-mail] Gerald Herbert Scher [e-mail], [e-mail], [e-mail] Roger Arne Agen Susan E. Foe [e-mail]

[e-mail], [e-mail], [e-mail] [e-mail]

William John Armstrong

Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court's CM/ECF program.

United States District Court

11
For the Northern District of California

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