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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 YINTAO YU, Case No. 23-cv-04910-SI

Plaintiff, ORDER RE: PLAINTIFF'S

DISCLOSURE OF REBUTTAL

v. EXPERT AND DENYING

DEFENDANTS’ MOTION FOR

BYTEDANCE INC., et al., DEFAULT Defendants. Re: Dkt. Nos. 133, 144, 145

The Court has reviewed the parties’ submissions regarding plaintiff’s designation of a rebuttal expert witness. After consideration of the parties’ arguments, including the fact that counsel disagree about whether the stipulated pretrial schedule that the Court adopted was intended to preclude the designation of rebuttal experts, the Court concludes that plaintiff should be permitted to disclose his rebuttal witness. Because there was no agreement regarding what the parties intended by including a single expert disclosure deadline, the Court concludes that Rule 26(a)(2)(D)’s 30- day rule regarding disclosure of rebuttal experts applies. See Fed. R. Civ. Proc. 26 advisory …