UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA -- SACRAMENTO DIVISION
December 22, 2010
SAFEWAY INC., A CORPORATION; AND
DISCOVERY DOES 1 THROUGH 50, INCLUSIVE. DEFENDANTS.
The opinion of the court was delivered by: John A. Mendez United States District Court Judge
ORDER MODIFYING STATUS (PRE TRIAL SCHEDULING) ORDER REEXPERT DISCLOSURE AND EXPERT
Based on the parties' stipulation, and good cause appearing, the following will modify and augment the Court's July 30, 2010 STATUS (Pre-trial Scheduling) ORDER. Except as expressly modified or augmented, the July 30, 2010 STATUS (Pre-trial Scheduling) ORDER, including the deadlines set forth therein, remains in full effect.
DISCLOSURE OF EXPERT WITNESSES
The parties shall make expert witness disclosures under Fed. R. Civ. P. 26(a)(2) by March 23, 2011. Supplemental disclosure and disclosure of any rebuttal experts under Fed. R. 26(a)(2)(c) shall be made by April 6, 2011.
Failure of a party to comply with the disclosure schedule as set forth above in all likelihood will preclude that party from calling the expert witness at the time of trial absent a showing that the necessity for the witness could not have been reasonably anticipated at the time the disclosures were ordered and that the failure to make timely disclosure did not prejudice any other party. See Fed. R. Civ. P. 37(c).
All expert discovery shall be completed by May 31, 2011. In this context, "completed" means that all expert discovery shall have been conducted so that all expert depositions have been taken and any disputes relative to expert discovery shall have been resolved by appropriate order if necessary and, where expert discovery has been ordered, the order has been complied with.
IT IS SO ORDERED.
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