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Advanced v. Stellar Health Systems

October 31, 2011

ADVANCED HOME HEALTH, INC., A CALIFORNIA CORPORATION,
PLAINTIFF,
v.
STELLAR HEALTH SYSTEMS, INC., A NEVADA CORPORATION; ET AL., DEFENDANTS.
STELLAR HEALTH SYSTEMS, INC., ET AL.,
PLAINTIFFS,
v.
ADVANCED HOME HEALTH, INC., A CALIFORNIA CORPORATION, ET AL., DEFENDANTS.



ORDER

STATUS (PRETRIAL SCHEDULING)

An initial scheduling conference was held in this case on October 19, 2011. Todd Friedland and Wesley Ehlers appeared for Advanced Home Health; Donald Green appeared for Stellar Health Systems and Nestor Lim. Having reviewed the parties' Joint Status Report filed on September 21, 2011, and discussed a schedule for the case with counsel at the hearing, the court makes the following orders:

I. SERVICE OF PROCESS

All named defendants have been served and no further service is permitted without leave of court, good cause having been shown. II. ADDITIONAL PARTIES/AMENDMENTS/PLEADINGS Stellar Health Systems*fn1 will have filed an amended complaint in Case No. Civ S-11-666 KJM GGH by October 24, 2011; Advanced Health stipulates to the filing of the amended complaint.

No further joinder of parties or amendments to pleadings is permitted without leave of court, good cause having been shown. See FED. R. CIV. P. 16(b); Johnson v. Mammoth

Recreations, Inc., 975 F.2d 604 (9th Cir. 1992).

III. JURISDICTION/VENUE

Jurisdiction is predicated upon 28 U.S.C. §1332. Jurisdiction and venue are no longer

disputed.

IV. DISCOVERY

The parties have made some initial disclosures as required by Federal Rule of Civil Procedure 26(a) already; these disclosures shall have been completed by October 24, 2011. All discovery shall be completed by April 16, 2012. In this context, "completed" means that all discovery shall have been conducted so that all depositions have been taken and any disputes relative to discovery shall have been resolved by appropriate order if necessary and, where discovery has been ordered, the order has been obeyed. All motions to compel discovery must be noticed on the magistrate judge's calendar in accordance with the local rules of this court.

V. DISCLOSURE OF EXPERT WITNESSES

All counsel are to designate in writing, file with the court, and serve upon all other parties the name, address, and area of expertise of each expert that they propose to tender at trial not later than March 12, 2012. The designation shall be accompanied by a written report prepared and signed by the witness. The report shall comply with Fed. R. Civ. P. 26(a)(2)(B).

By April 2, 2012, any party who previously disclosed expert witnesses may submit a supplemental list of expert witnesses who will express an opinion on a subject covered by an expert designated by an adverse party, if the party supplementing an expert witness designation has not previously retained an expert to testify on that subject. The supplemental designation shall be accompanied by a written report which shall also comply with the conditions as stated above.

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. An expert witness not appearing on the designation will not be permitted to testify unless the party offering the witness demonstrates: (a) that the necessity for the witness could not have been reasonably anticipated at the time the list was proffered; (b) that the court and opposing counsel ...


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