Carrera v. Thyssen Krupp Safway, Inc.

Filing 65

ORDER by Magistrate Judge Howard R. Lloyd (1)granting in part and denying in part 61 defendant's Motion to Strike and (2) re-setting deadlines. 5/3/2011 hearing vacated. Defendant's rebuttal expert disclosures, if any, due by 5/20/2011. Expert discovery cutoff: 6/20/2011. Last date to hear Daubert motions: 8/9/2011, 10:00 AM. All other deadlines in 3/8/2011 Order (Docket 59 ) remain unchanged. (hrllc2, COURT STAFF) (Filed on 4/28/2011)

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1 2 *E-FILED 04-28-2011* 3 4 5 6 NOT FOR CITATION 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 For the Northern District of California United States District Court 7 12 13 14 No. C09-02672 HRL BONIFACIO CARRERA, ORDER (1) GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO STRIKE; AND (2) RESETTING DEADLINES Plaintiff, v. THYSSEN KRUPP SAFEWAY, INC. and DOES 1 to 100, inclusive, [Re: Docket No. 61] 15 Defendant. 16 / 17 18 Defendant previously moved to strike plaintiff’s expert designations. Although 19 plaintiff’s prior disclosures were admittedly late and did not provide all the information 20 required by Fed. R. Civ. P. 26, this court, in the exercise of its discretion, denied the motion and 21 gave plaintiff until March 21, 2011 in which to submit expert disclosures that complied with 22 Fed. R. Civ. P. 26(a)(2). (See Docket No. 59). 23 Defendant now moves to strike plaintiff’s March 21 expert disclosures because (1) the 24 disclosure served by fax on March 21 did not contain a written report; (2) defendant received a 25 written report (by mail) on March 23; and (3) that written report merely is a verbatim copy of 26 the written report plaintiff served with his prior disclosure of Daniel Fleming—the only 27 difference being that another purported expert, James Flynn, has added his signature to it. 28 Plaintiff has not filed an opposition to the motion. The matter is deemed suitable for 1 determination without oral argument, and the May 3, 2011 hearing is vacated. Civ. L.R. 7-1(b). 2 Upon consideration of the moving papers, this court rules as follows: 3 Although defendant did not receive the written report until March 23, the court finds 4 that defendant was not seriously prejudiced by the two-day delay. Nevertheless, the court also 5 finds that plaintiff did not comply with Fed. R. Civ. P. 26 by having Flynn simply add his 6 signature to the report prepared by Fleming. See Fed. R. Civ. P. 26(a)(2)(B). Moreover, at the 7 motion hearing on defendant’s prior motion to strike, plaintiff indicated to the court that he 8 intended to proceed only with Fleming. Accordingly, defendant’s motion to strike is granted as 9 to Flynn and denied as to Fleming. Defendant shall have until May 20, 2011 to serve rebuttal expert reports, if any. 11 For the Northern District of California United States District Court 10 The expert discovery cutoff is extended to June 20, 2011. 12 The last date to hear motions re experts or expert disclosures (including any motions 13 under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993)) is re-set for August 14 9, 2011, 10:00 a.m. 15 16 All other deadlines set in the court’s March 8, 2011 Order (Docket No. 59) remain unchanged. 17 18 SO ORDERED. Dated: April 28, 2011 19 HOWARD R. LLOYD 20 UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 2 1 5:09-cv-02672-HRL Notice has been electronically mailed to: 2 Frank Edward Schimaneck,,, 3 4 Gerald Herbert Scher,, 5 Roger Arne Agen 6 Susan E. Foe 7 William John Armstrong 8 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.,, 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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