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Lopez v. Chertoff

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 18, 2009

JUAN CARLOS VALADEZ LOPEZ, PLAINTIFF,
v.
MICHAEL CHERTOFF, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Honorable Ronald S. W. Lew Senior, U.S. District Court Judge

ORDER EXTENDING DEADLINE FOR EXPERT DISCOVERY

Plaintiff Juan Carlos Valadez Lopez and Defendant Yakov Grinberg stipulate that Defendant Grinberg shall produce any rebuttal expert report within 18 days after the court issues a ruling on Defendant Grinberg's pending motion for summary judgment (Doc. No. 155) and that the parties shall complete depositions of expert witnesses within 21 days after Defendant serves his expert rebuttal report. The following is offered in support of this stipulation:

1. On August 6, 2009, the Court issued an order denying Defendant Grinberg's motion to strike Plaintiff's expert reports, but allowing Defendant an additional 30 days to disclose rebuttal expert reports. See Doc. No. 162.

2. Because Plaintiff's expert reports relating to Defendant Grinberg concern only Plaintiff's alleged damages, the reports do not impact Defendant Grinberg's pending motion for summary judgment. Accordingly, the parties believe that judicial economy will be best served by deferring any further expert discovery until after the Court rules on Defendant Grinberg's motion for summary judgment, which is set for hearing on September 11, 2009.

3. Defendant Grinberg also believes that any further discovery at this point in the litigation would be inappropriate because he has asserted qualified immunity in his pending motion for summary judgment. See Ashcroft v. Iqbal, 129 S.Ct. 1937, 1953 (2009) ("The basic thrust of the qualified-immunity doctrine is to free officials from the concerns of litigation, including avoidance of disruptive discovery") (quotations omitted).

4. To ensure that the current schedule for the pretrial conference and jury trial dates are not affected, Defendant Grinberg will serve his expert rebuttal report within 18 days after the court issues a ruling on his motion for summary judgment, and the parties will complete any depositions of expert witnesses within 21 days after that date.

IT IS SO ORDERED.

20090818

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