D.C. v. County of San Diego et al

Filing 127

ORDER Granting 126 Joint Motion to Extend Discovery Deadlines. Signed by Magistrate Judge Nita L. Stormes on 2/17/2021. (tcf)

Case 3:15-cv-01868-MMA-NLS Document 127 Filed 02/17/21 PageID.2084 Page 1 of 2

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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D.C., a minor by and through his
Guardian Ad Litem, HELEN GARTER,
on behalf of himself and all others
similarly situated,

Case No.: 15cv1868-MMA- NLS
ORDER GRANT JOINT MOTION
TO EXTEND DISCOVERY
DEADLINES

Plaintiff,

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v.

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COUNTY OF SAN DIEGO, A.B. AND
JESSIE POLINSKY CHILDREN’S
CENTER, SAN DIEGO COUNTY
HEALTH AND HUMAN SERVICES
AGENCY,

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[ECF No. 126]

Defendants.

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Before the Court is the parties’ joint motion for an order extending the fact and

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discovery cutoffs in the current scheduling order (ECF No. 107) for 30 days. ECF No.

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126. The parties assert they have been unable to schedule five depositions and Plaintiff’s

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mental examination pursuant to Federal Rule of Civil Procedure 35 within the fact

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discovery deadline due to a health concern, but have agreed upon dates to permit the

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depositions and mental examination to take place by the end of March. Id. Accordingly,

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they request that the Court continue the fact discovery cutoff for 30 days for this limited
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15cv1868-MMA- NLS

Case 3:15-cv-01868-MMA-NLS Document 127 Filed 02/17/21 PageID.2085 Page 2 of 2

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purpose, and grant a similar continuance as to the expert discovery deadlines. Id.
Good cause appearing, the Court GRANTS this request. The fact discovery cutoff

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date is extended to March 26, 2021, for the limited purpose of conduction Plaintiff’s

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mental examination and conducting the five depositions outlined in the joint motion. The

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parties shall designate their respective experts in writing and comply with the disclosure

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provisions in Rule 26(a)(2)(B) and (C) and the Federal Rules of Civil Procedure by April

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23, 2021. The parties shall exchange rebuttal experts and reports by May 28, 2021. All

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other dates in the scheduling order will remain the same.

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In the motion, the parties bring up an additional issue as to when discovery

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disputes may be brought. The Court reinforces that discovery disputes may be brought

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for any discovery that was timely served under the Scheduling Order as long as the

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dispute is filed in compliance with the timing rules stated in the Judge Stormes Civil Case

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Procedures.

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IT IS SO ORDERED.
Dated: February 17, 2021

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