Fernandez v. Baker et al

Filing 302

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Valerie P. Cooke, on 3/6/2017. Defendants' motion to strike (ECF No. 253 ) is GRANTED. Plaintiff's motion for order (ECF No. 254 ) is DENIED AS MOOT. Motions numbered ECF No s. 250 and 286 are DENIED AS MOOT. The parties shall file a stipulation on or before Friday, March 20, 2017 concerning the resolution of the motions numbered ECF Nos. 278 , 280 , & 285 . The parties shall be given until Friday, March 17, 20 17, to continue to meet and confer as to ECF Nos. 209 and 217 ). Defendants' counsel shall file a status report concerning those motions no later than Monday, March 20, 2017. The deadline to file dispositive motions is Friday, April 21, 2017. In the event no dispositive motion is filed, the parties shall filed a proposed joint pretrial order on or before Monday, May 22, 2017. (Copies have been distributed pursuant to the NEF - DRM)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
KEVIN FERNANDEZ,

)
)
Plaintiff,
)
)
vs.
)
)
JAMES GREG COX, et al.,
)
)
Defendants.
)
_____________________________ )
PRESENT:

3:14-CV-0578-MMD (VPC)
MINUTES OF THE COURT
March 6, 2017

THE HONORABLE VALERIE P. COOKE, U.S. MAGISTRATE JUDGE

DEPUTY CLERK:

LISA MANN

REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
This court set a hearing on Monday, March 6, 2017, at 10:00 a.m. Pacific Time to
consider outstanding discovery motions (ECF No. 299). Prior to this hearing date, the parties
had been working very diligently to resolve many of the pending discovery disputes, and the
court granted several extensions of time to allow the parties to continue their meet-and-confer
conferences. Defendants reported that as of February 28, 2017, the parties had resolved ECF
Nos. 250, 278, 280, 285 and 286 (ECF No. 300). Defendants further reported that the parties
hoped to resolve ECF Nos. 209 and 217. (Id.) Finally, the parties asked the court to decide ECF
Nos. 252 and 254, and the court intended to do so at the March 6, 2017 hearing.
For reasons that were beyond the control of plaintiff or defendants, the plaintiff was not
made telephonically available for the March 6, 2017 hearing. Therefore, the court considers the
two motions that the parties asked this court to decide: ECF No. 253 and 254.
Defendants filed a motion to strike Brian E. Pape Ph.D. ("Dr. Pape") as an expert witness
(ECF No. 253), plaintiff opposed (ECF No. 264), and defendants replied (ECF No. 276).
Defendant asked the court to strike the Dr. Pape's report as untimely, procedurally deficient, and
substantially irrelevant. The court agrees on all points, and defendants' motion to strike (ECF
No. 253) is GRANTED. Plaintiff's motion for order waiving requirement of the expert report,
or, in the alternative, to modify the scheduling order (ECF No. 254) is DENIED AS MOOT.
In light of the parties' report concerning resolution of the motions numbered ECF Nos.
250 and 286, these motions are DENIED AS MOOT.

The parties shall file a stipulation on or before Friday, March 20, 2017 concerning the
resolution of the motions numbered ECF Nos. 278, 280, & 285. This stipulation shall also
identify the operative complaint and response.
The parties shall be given until Friday, March 17, 2017, to continue to meet and confer
as to ECF Nos. 209 and 217). Defendants' counsel shall file a status report concerning those
motions no later than Monday, March 20, 2017. If these motions remain unresolved, the court
will issue its order addressing these outstanding motions.
The stay of proceedings in this action (ECF No. 288) is lifted. There shall be no further
discovery in this case, and the parties are advised that the court will not consider any further
requests for extensions.
The deadline to file dispositive motions is Friday, April 21, 2017. In the event no
dispositive motion is filed, the parties shall filed a proposed joint pretrial order on or before
Monday, May 22, 2017.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK
By:

/s/
Deputy Clerk