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Morteza Bakhtiari v. Y. A. Gonzales

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 30, 2012

MORTEZA BAKHTIARI,
PLAINTIFF,
v.
Y. A. GONZALES, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge

ORDER AMENDING DISCOVERY AND SCHEDULING ORDER

Non expert Discovery Deadline

Dispositive Motion Deadline

From October 6, 2011 until February 17, 2012, this matter was stayed due to it having been referred to the VDRP program. (Docs. 28, 42) As a result, the Court amended the scheduling order to allow completion of discovery. (Doc. 42) However, in doing so, the Court did not set a deadline by which a motion to amend the pleadings would be filed. *fn1 Id.

In addition, defense counsel discovered a conflict requiring she discontinue her representation of the defendants. (Doc. 41) On March 5, 2012, current defense counsel associated in and began apprizing themselves of the matter. (Doc. 44) Thus, the current deadlines are not sufficient for newly-retained counsel to complete preparation of the defense of the case.

Therefore, the Court ORDERS ,

1. Any motion to amend a pleading SHALL be filed no later than May 4, 2012 ;

2. Non-expert discovery shall be completed no later than June 8, 2012 ;

3. The parties are directed to disclose all expert witnesses, in writing, on or before June 29, 2012 *fn2 , and to disclose all rebuttal experts on or before July 20, 2012 . The written designation of experts shall be made pursuant to Fed. R. Civ. P. Rule 26(a)(2), (A) and (B) and shall include all information required thereunder. Failure to designate experts in compliance with this order may result in the Court excluding the testimony or other evidence offered through such experts that are not disclosed pursuant to this order.

4. The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery relating to experts and their opinions. Experts must be fully prepared to be examined on all subjects and opinions included in the designation. Failure to comply will result in the imposition of sanctions, which may include striking the expert designation and preclusion of expert testimony.

5. Expert discovery shall be completed no later than August 24, 2012 ;

6. Any motion to compel discovery or other nondispositive motion shall be filed no later than August 31, 2012 ;

7. Dispositive motions shall be filed no later than September 14, 2012 ;

8. No other amendments to the schedule are authorized.

IT IS SO ORDERED.


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