PacifiCorp v. Northwest Pipeline GP et al, No. 3:2010cv00099 - Document 171 (D. Or. 2011)

Court Description: OPINION & ORDER: Exchange of expert disclosures and reports will be as follows: Defendants' affirmative expert disclosures and accompanying reports required by Fed. R. Civ. P. 26(a)(2)(B) are due within seven days, in light of defe ndants' request for "reasonable additional time" to allow their experts to reconfigure their reports and segregate rebuttal issues from non-rebuttal issues. Plaintiff's rebuttal expert disclosures and reports are due within 28 days. Defendants' rebuttal expert disclosures and reports are due 75 days after the date of the November 9th ruling, by January 23,2012. The dispositive motion deadline is reset to February 22, 2012, 30 days after the deadline for defendants' rebuttal disclosures and reports, and expert discovery is allowed until that date. Signed on 11/17/11 by Magistrate Judge Paul Papak. (gm)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON P ACIFICORP, an Oregon corporation, Plaintiff, 3: 10-cv-00099-PK OPINION AND ORDER NORTHWEST PIPELINE GP, a Delaware Partnership, and GAS TRANSMISSION NORTHWEST CORPORATION, a California corporation, Defendants. PAPAK, Judge: On November 9, 2011, this Court issued an Opinion and Order granting in part and denying in part defendants' motions to extend deadlines for expeli disclosure (#143) and to compel discovery (#144.) Defendants now infonnally seek to clarifY aspects of that ruling regarding fmiher deadlines for expert disclosures. I provide the requested clarity in this Opinion and Order, which does not substantially alter my November 9th ruling. Page 1 - OPINION AND ORDER On May 18, 2011, this court initially set an expeli disclosure schedule requiring defendants to exchange "expert witness statements," including both what may be refened to as affirmative and rebuttal expert reports, followed by an opportunity for plaintiff to provide rebuttal expeli witness statements. (#90.) My intention with the November 9th ruling was to depart from the structure outlined in the May 18th order and to separate defendants' affirmative expeli repOlis and rebuttal expert reports, since defendants demonstrated only that they required additional time to rebut plaintiffs initial expert reports. Indeed, I found that defendants' were entitled to 75 additional days to file rebuttal expeli reports in order to effectively respond to certain discovery upon which plaintiffs experts Dr. Kemal and Dr. Peters relied in their initial repOlis, but which plaintiff either never received or received only recently. However, these delays in plaintiff s production should not have affected defendants' ability to prepare and exchange affirmative aspects of their expert repOlis, those which did not respond to plaintiff s reports. Thus, I order exchange of expeli disclosures and repolis as follows: Defendants affirmative expert disclosures and accompanying reports required by Fed. R. Civ. P. 26(a)(2)(B) are due within seven days, in light of defendants request for "reasonable additional time" to allow their experts to reconfigure their reports and segregate rebuttal issues from non-rebuttal issues. Plaintiff s rebuttal expert disclosures and reports are due within 28 days. ¢ Defendants' rebuttal expeli disclosures and reports are due 75 days after the date of my November 9th ruling, by January 23, 2011. ¢ The dispositive motion deadline is reset to February 22, 2012, 30 days after the deadline Page 2 - OPINION AND ORDER for defendants' rebuttal disclosures and reports, and expert discovery is allowed until that date. IT IS SO ORDERED. Dated this . ~~ay of November, 2?11--: \ ~ . ) (-'" 1 \ ~ j ·~-aM c-[~;'\£ . Page 3 - OPINION AND ORDER t-Ionorable Paul Papak+ ..... United States Magistrate Judge

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