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Pronechen v. Dep't of Homeland Security

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 7, 2009

RONALD L. PRONECHEN, PLAINTIFF,
v.
DEPARTMENT OF HOMELAND SECURITY, SECRETARY OF U.S. DEFENDANT.

AMENDED GRANTING ORDER

Plaintiff's Motion to Amend Scheduling Order [64]

Plaintiff's Motion to Amend Scheduling Order [64] was set for hearing on July 17, 2009. Having taken the matter under submission on July 13, 2009, and having reviewed all papers submitted pertaining to this motion the Court, NOW FINDS AND RULES AS FOLLOWS:

Plaintiff has demonstrated good cause to extend discovery and amend the scheduling order accordingly. Thus, Plaintiff's Motion to Amend Scheduling Order is GRANTED, with limitations. In re-opening discovery, the Court permits depositions of witnesses previously disclosed and not deposed, as well as written discovery regarding documents and information disclosed and available prior to the original discovery cut-off date, so long as the discovery would have been conducted prior to the discovery cut-off deadline had these documents been provided, and is not based on completely new theories.

In addition, Plaintiff is allowed to conduct discovery regarding four additional applications (0492424, 0490444,049054, & 0492414) he made after he submitted his original administrative claim because the additional applications are reasonably related to the original allegations. See Chung v. Pomona Valley Community Hospital, 667 F.2d 788, 792 (9th Cir. 1982) (holding that alleged discriminatory claims that are not recorded in the original EEOC charge may be adjudicated so long as they are "like or reasonably related to the allegations of the EEOC charge").*fn1 Furthermore, the recently provided documents indicate that it is important to pursue discovery regarding these claims. However, Plaintiff cannot pursue discovery related to claims he has already dismissed.

Accordingly, the Court sets the following dates: Discovery Cut-Off: 10-21-09 Expert Cut-Off: 12-18-09** Last day to file motions: 01-21-10 Final Pretrial Conference: 03-23-10 10 a.m. **Court Trial: 05-18-10 10 a.m.

IT IS SO ORDERED.

HONORABLE RONALD S.W. LEW Senior, U.S. District Court Judge


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