Parenti et al v. County Of Monterey et al
Filing
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ORDER ADOPTING 88 MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART 76 PLAINTIFFS' MOTION TO EXCLUDE NON-RETAINED EXPERTS. Signed by Judge Beth Labson Freeman on 6/6/2017. (blflc1S, COURT STAFF) (Filed on 6/6/2017)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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JACOB PARENTI, et al.,
Plaintiffs,
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v.
COUNTY OF MONTEREY, et al.,
Defendants.
Case No. 14-cv-05481-BLF
ORDER ADOPTING MAGISTRATE
JUDGE’S REPORT AND
RECOMMENDATION TO GRANT IN
PART AND DENY IN PART
PLAINTIFFS’ MOTION TO EXCLUDE
NON-RETAINED EXPERTS
United States District Court
Northern District of California
[Re: ECF 76, 88]
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Before the Court is Magistrate Judge Susan van Keulen’s Report and Recommendation to
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Grant in Part and Deny in Part Plaintiffs’ Motion to Exclude Non-Retained Experts. R&R, ECF
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88. No objection to the Report and Recommendation has been filed and the deadline to object has
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expired. See Fed. R. Civ. P. 72(b)(2) (deadline for objection is fourteen days after being served
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with report and recommendation).
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The Report and Recommendation addresses Plaintiffs’ motion to exclude two of the non-
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retained experts disclosed by Defendants California Forensic Medical Group and Dr. Taylor
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Fithian (“CFMG Defendants”), which was made as part of a larger motion to exclude heard by this
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Court on April 27, 2017. See Pl.’s Motion to Exclude, ECF 76. The Court ruled on most aspects
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of Plaintiffs’ motion in an order issued May 3, 2017, but it referred to Judge van Keulen the issue
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of whether non-retained experts Julie Kelly and Dr. Delmar Greenleaf should be excluded based
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on the CFMG Defendants’ failure to comply with the disclosure requirements of Federal Rule of
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Civil Procedure 26. See Order Granting in Part and Denying in Part Plaintiffs’ Motion to Exclude,
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ECF 87. Judge van Keulen recommends that the Court deny the motion to exclude Kelly and
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Greenleaf altogether but limit their trial testimony significantly.
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The Court finds the Report and Recommendation to be correct, well-reasoned, and
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thorough. Specifically, the Court agrees with Judge van Keulen that the CFMG Defendants’
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disclosures regarding Kelly and Greenleaf do not comply with Rule 26(a)(2)(C) and that the
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appropriate remedy is to limit the witnesses’ testimony to the disclosures which were provided.
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See R&R at 4-5, ECF 88.
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Accordingly, the Court:
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(1)
ADOPTS the Report and Recommendation in its entirety; and
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(2)
LIMITS the trial testimony of Kelly and Greenleaf as set forth in the Report and
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Recommendation.
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United States District Court
Northern District of California
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IT IS SO ORDERED.
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Dated: June 6, 2017
______________________________________
BETH LABSON FREEMAN
United States District Judge
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