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Personal Inj. Med. Malpractice | California Central
Text Only Scheduling Notice
(IN CHAMBERS) ORDER by Judge Stephen V. Wilson: The Court, having reviewed the record in this case, finds that it erred when it attempted to impose a 60-day probational period wherein Plaintiff could serve expert disclosures by formally issuing summary judgment "without prejudice." The Court therefore, sua sponte, vacates the part of its August 7, 2026 order 152 that issues summary judgment, and the Court accordingly reopens the case. However, the Court's dispositions on the motion to disqualify and motions in limine remain the same. Moreover, the Court's conclusion that Plaintiff cannot prove his case without medical expert testimony remains unchanged, as does the Court's deadline that Plaintiff must prepare and serve expert disclosures according to the Federal Rules of Civil Procedure by September 6, 2026 to avoid summary judgment on the merits. If Plaintiff fails to meet that deadline, summary judgment will issue. Furthermore, Plaintiff's motion to strike Defendant's motion to amend the scheduling order 153 is DENIED AS MOOT because the underlying scheduling order is no longer operative, and Defendant's underlying motion to amend it 118 is also moot. SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dta) TEXT ONLY ENTRY
Strike Amend/Correct
MOTION TO STRIKE DEFENDANTS MOTION TO AMEND SCHEDULING ORDER filed by plaintiff Frank Tufano. (bm)
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