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Tumbling v. Merced Irrigation District

May 7, 2010

LAMONTE TUMBLING, PLAINTIFF,
v.
MERCED IRRIGATION DISTRICT, DEFENDANT.



The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER DENYING DEFENDANT'S MOTION TO STRIKE PLAINTIFF'S EXPERT DESIGNATION OF TREATING PHYSICIANS AND FOR SANCTION

(Document 87)

Defendant Merced Irrigation District ("Defendant" or "MID") filed the instant motion to strike Plaintiff's expert designation of treating physicians and for sanctions on April 16, 2010. The matter was heard on May 7, 2010, before the Honorable Dennis L. Beck, United States Magistrate Judge. Matthew Racine appeared telephonically on behalf of Defendant. Robert Strickland appeared telephonically on behalf of Plaintiff LaMonte Tumbling ("Plaintiff").

RELEVANT BACKGROUND

Plaintiff filed the instant employment discrimination action on November 21, 2008.

On March 25, 2009, the Court issued a scheduling conference order, which was later amended. With the exception of certain depositions, non-expert discovery closed on October 30, 2009. Initial expert disclosures were to be completed by March 19, 2010. Supplemental expert disclosures were to be completed by April 19, 2010. Expert discovery will close on May 14, 2010.

On March 19, 2010, Plaintiff served his expert witness disclosures. Plaintiff identified three (3) individuals specifically retained for the purpose of providing expert testimony at trial. He also identified three of his treating physicians, Dr. Hanimireddy Lakireddy, Dr. Isaac Kim and Dr. Charlie Kano. Exhibit E to Declaration of Matthew Racine ("Racine Dec.").

On March 26, 2010, MID served subpoenas for all of the expert treating physicians' medical records. Exhibit A to Declaration of Robert Strickland ("Strikland Dec.").

On April 15, 2010, Plaintiff requested that the subpoenas be withdrawn. MID refused, having received the requested medical records from Plaintiff's physicians. MID also objected to Plaintiff's designation of the treating physicians. Exhibits F and G to Racine Dec.; Exhibits B and C to Strickland Dec.

On April 16, 2010, MID noticed the depositions of Plaintiff's specially retained experts. Exhibit D to Strickland Dec. Plaintiff's counsel attempted to coordinate deposition dates and offered to extend the expert discovery deadline. MID did not agree to extend the deadline. Exhibits E and F to Strickland Dec.

On April 16, 2010, MID also filed the instant motion to strike Plaintiff's expert designation of treating physicians.

On April 21, 2010, Plaintiff received MID's supplemental expert witness disclosure, identifying four defense experts. On April 22, 2010, Plaintiff again offered to coordinate the deposition calendar and to continue the discovery deadline. MID declined to extend the deadline. Exhibits G, H and I to Strickland Dec.

On April 30, 2010, the parties filed a joint statement of ...


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