Dupnik

MEMORANDUM

Appellant Francisco Sanchez appeals the district court’s judgment, after a jury trial, based on the verdict that Appellees Wool-ridge and Doyle, deputy sheriffs in the Pima County Sheriff’s Department, were entitled to qualified immunity on a claim for excessive force asserted under 42 U.S.C. § 1983 . This court has jurisdiction under 28 U.S.C. § 1291 . Appellant complains of the district court’s rulings on discovery issues and on the admission of evidence. We review those rulings for abuse of discretion. See Childress v. Darby Lumber, Inc., 357 F.3d 1000, 1009 (9th Cir.2004); United States v. Curtin, 489 F.3d 935, 943 (9th Cir.2007) (en banc).

I.

The district court did not abuse its discretion by not reopening discovery to allow Sanchez to designate a new expert witness. Sanchez did not show substantial justification for his failure to timely disclose an expert, nor did he demonstrate that there would be no harm to the Defendants from the late designation. See Fed. R.CivJP. 37(c)(1). Sanchez did not disclose an expert by the court-ordered August 9, 2006 deadline nor by the stipulated April 1, 2007 deadline, established by agreement in light of the death of Sanchez’s…