Mesi et al v. JPMorgan Chase Bank et al

Filing 52

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb, on 2/23/2016, denying 36 "Motion for Time, Bringing Expert Witness Into This Case Marie McDonnell". (Copies have been distributed pursuant to the NEF - JC)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

ERIC MESI and BETTY MESI,

)
)
Plaintiffs,
)
vs.
)
)
U.S. BANK NATIONAL ASSOCIATION, etc., )
et al.,
)
Defendants.
)
________________________________________)

3:15-cv-00555-RCJ-WGC
MINUTES OF THE COURT
February 23, 2016

PRESENT: THE HONORABLE WILLIAM G. COBB, U.S. MAGISTRATE JUDGE
DEPUTY CLERK:

KATIE LYNN OGDEN REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Before the court is Plaintiffs’ “Motion for Time, Bringing Expert Witness Into This Case
Marie McDonnell.” (ECF No. 36.) Defendant JPMorgan Chase Bank, N.A. (“Chase”) opposed
Plaintiffs’ motion (ECF No. 43) and Defendant U.S. Bank NA joined in the Chase opposition (ECF
No. 44). No reply was filed by Plaintiffs.
The court has difficulty interpreting Plaintiffs’ motion. It appears that Plaintiffs seek to
disclose an individual identified as an expert witness in other litigation being pursued by the Mesis,
a Marie McDonnell, as an expert witness in this matter. (ECF No. 36 at 3.)
To the extent Plaintiffs’ filing constitutes what purports to be an expert witness disclosure,
Plaintiffs’ disclosure is premature. Fed. R. Civ. P. 26 (a)(3)(D) states that expert disclosures are to
be made “in the sequence that the court orders.” Absent such an order, the disclosure of experts is
to be made not later than 90 days before trial.
In this matter, no Discovery Plan and Scheduling Order has been entered (because of the
pending motions to dismiss, ECF Nos. 7 and 11) and as such, the deadline for disclosure of expert
witnesses has not been scheduled. Neither has a trial date been scheduled.
Plaintiffs’ motion (ECF No. 36) is premature and is therefore DENIED.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK

By:

/s/
Deputy Clerk