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James J. Pierce, An Individual v. County of Sierra

October 10, 2012

JAMES J. PIERCE, AN INDIVIDUAL; DAWN M. PIERCE, AN INDIVIDUAL,
PLAINTIFFS,
v.
COUNTY OF SIERRA, CALIFORNIA, A POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA; OFFICE OF SHERIFF OF THE COUNTY OF SIERRA; JACOB ALLEN MURRAY, AN INDIVIDUAL, DEFENDANTS.



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

ORDER MODIFYING STATUS

) (PRETRIAL SCHEDULING) ORDER

The status (pretrial scheduling) conference scheduled for hearing on October 15, 2012, is vacated since the parties' Joint Status Report filed on October 1, 2012 ("JSR") indicates the following Order should issue.

The Status (Pretrial Scheduling) Order filed on November 8, 2011, is amended as follows:

SERVICE, JOINDER OF ADDITIONAL PARTIES, AMENDMENT The parties explain in the JSR that leave should be granted so that a party could be joined for the following reasons:

Prior to discovery, this court dismissed defendant, Bradley Dempster, after allowing plaintiffs sixty (60) days to locate him. Plaintiffs were informed Mr. Dempster had moved from the Loyalton, California area and subsequent investigation failed to locate a new address. Accordingly, the court dismissed Mr. Dempster [without prejudice].

Through discovery, it has been learned that Mr. Dempster may still be residing in the area of Loyalton, California. Further, Defendant Murray has testified the position that Mr. Dempster contributed to plaintiff's injuries by parking his vehicle in such a way as to block the vision of defendant, Jacob Murray, as he was entering the highway. The statute of limitations in this matter will not expire until November 6, 2012. Therefore, plaintiffs would ask to reserve the right to bring a motion to amend the complaint to re-name defendant Dempster on or before November 6, 2012. (JSR 2:1-13.)

Plaintiffs have until November 6, 2012, to file a motion in which leave is sought under Federal Rule of Civil Procedure 15(a) to file the referenced amendment, after which time no further service, joinder of parties, or amendments to the pleadings is permitted, except with leave of Court for good cause shown. The referenced motion concerning Bradley Dempster must be noticed for hearing on the Court's earliest available law and motion calendar.

ADDED DEFENDANT'S OPPORTUNITY TO SEEK AMENDMENT OF THIS ORDER

If Plaintiffs join Bradley Dempster pursuant to the leave given above, a copy of this Order shall be served on that defendant concurrently with the service of process.

That defendant has 30 days after said service within which to file a "Notice of Proposed Modification of Status Order." Although a newly-joined party's proposed modification filed within this thirty day period will not have to meet the good cause standard, no further amendments will be permitted, except with leave of Court for good cause shown.

DISCOVERY

All discovery shall be completed by March 29, 2013. 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 orders, if necessary, and, where discovery has been ordered, the order has been complied with or, alternatively, the time allowed for such compliance shall have expired.

Each party shall comply with Federal Rule of Civil Procedure 26(a)(2)(B) and (C)'s initial expert witness disclosure requirements on or before January 31, 2013, and any contradictory and/or rebuttal expert disclosure authorized ...


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