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Dameron Hospital Association, A California Non-Profit Association v. State Farm Mutual Automobile Insurance Company

September 25, 2012

DAMERON HOSPITAL ASSOCIATION, A CALIFORNIA NON-PROFIT ASSOCIATION, PLAINTIFF,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, DEFENDANT.



The opinion of the court was delivered by: Garland E. Burrell, Jr. Senior United States District Judge

) ORDER MODIFYING THE STATUS ) (PRETRIAL SCHEDULING) ORDER ) AND DENYING DEFENDANT'S ) MOTION TO STRIKE PLAINTIFF'S UNTIMELY EXPERT REPORTS

In light of the pending cross-motions for summary judgment and the congested nature of the Court's docket, the final pretrial conference is rescheduled to commence at 2:30 p.m. on February 25, 2013, and the trial is rescheduled to commence at 9:00 a.m. on May 21, 2013.

Further, due to these scheduling changes, Defendant's Motion to Strike Plaintiff's untimely expert reports/declarations (ECF No. 54) is denied. See Lanard Toys Ltd. v. Novelty, Inc., 375 Fed. Appx. 705, 713 (9th Cir. 2010)(stating "a failure [to] timely serve an expert report may be excused if the failure . . . is harmless")(citing Yeti by Molly Ltd. v. Deckers Outdoor Corp., 259 F.3d 1101, 1106 (9th Cir. 2001)).

Defendant shall disclose any contradictory and/or rebuttal experts responsive to Plaintiff's disclosure of experts Brad Reinkie, M.D. and/or Scott Bernasconi on or before October 26, 2012; all expert discovery concerning Brad Reinkie, M.D., Scott Bernasconi, and any contradictory and/or rebuttal experts disclosed by Defendant as authorized herein shall be completed by December 26, 2012.

20120925

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