D.C. v. County of San Diego et al
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
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
D.C., a minor by and through his
Guardian Ad Litem, HELEN GARTER,
on behalf of himself and all others
Case No.: 15cv1868-MMA- NLS
ORDER GRANT JOINT MOTION
TO EXTEND DISCOVERY
COUNTY OF SAN DIEGO, A.B. AND
JESSIE POLINSKY CHILDREN’S
CENTER, SAN DIEGO COUNTY
HEALTH AND HUMAN SERVICES
[ECF No. 126]
Before the Court is the parties’ joint motion for an order extending the fact and
discovery cutoffs in the current scheduling order (ECF No. 107) for 30 days. ECF No.
126. The parties assert they have been unable to schedule five depositions and Plaintiff’s
mental examination pursuant to Federal Rule of Civil Procedure 35 within the fact
discovery deadline due to a health concern, but have agreed upon dates to permit the
depositions and mental examination to take place by the end of March. Id. Accordingly,
they request that the Court continue the fact discovery cutoff for 30 days for this limited
Case 3:15-cv-01868-MMA-NLS Document 127 Filed 02/17/21 PageID.2085 Page 2 of 2
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
date is extended to March 26, 2021, for the limited purpose of conduction Plaintiff’s
mental examination and conducting the five depositions outlined in the joint motion. The
parties shall designate their respective experts in writing and comply with the disclosure
provisions in Rule 26(a)(2)(B) and (C) and the Federal Rules of Civil Procedure by April
23, 2021. The parties shall exchange rebuttal experts and reports by May 28, 2021. All
other dates in the scheduling order will remain the same.
In the motion, the parties bring up an additional issue as to when discovery
disputes may be brought. The Court reinforces that discovery disputes may be brought
for any discovery that was timely served under the Scheduling Order as long as the
dispute is filed in compliance with the timing rules stated in the Judge Stormes Civil Case
IT IS SO ORDERED.
Dated: February 17, 2021
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