Essex

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TRACYE BENARD WASHINGTON, No. 2:12-cv-03054-DAD-DB 12 Plaintiff, 13 v. ORDER GRANTING PLAINTIFF’S MOTION

TO REOPEN DISCOVERY AND SETTING

14 C. ESSEX, et al., CASE SCHEDULE 15 Defendants. (Doc. No. 176) 16 17 This matter is before the court on the motion to reopen discovery filed on behalf of 18 plaintiff on September 7, 2022. (Doc. No. 176.) Therein, plaintiff requests that expert discovery 19 and limited fact discovery be reopened in light of the Ninth Circuit’s decision on plaintiff’s direct 20 appeal of the judgment entered in favor of defendants Dr. Craig Essex and Dr. Carol Banyas 21 following a jury trial in this case. (Id.at 6–9.) Specifically, on October 21, 2021, the Ninth 22 Circuit reversed this court’s judgment and remanded this case for a new trial because this “court’s 23 denial of [plaintiff’s] request for the appointment of an expert while allowing the [d]efendant 24 [d]octors to testify as experts, constituted plain error.” …