Killgore

I. BACKGROUND

24 While he was consulting on an environmental project for the U.S. Army Reserve 25 Command under the employment of SpecPro, Killgore believed he was required to prepare an 26 Environmental Assessment report in a manner that violated federal law. Compl. ¶¶ 9–34. 27 Killgore alleges that he was terminated after reporting the suspected illegality to the client and his 1 supervisor at SpecPro. Id. 2 This case was removed from the Superior Court of the State of California, County of Santa 3 Clara on June 8, 2018. Notice of Removal, ECF No. 1 at 1–10. The Parties thereafter engaged in 4 discovery, and expert designations ended on October 15, 2019. ECF No. 28. On October 15, 5 2019, Killgore retained two expert witnesses, an economist and a psychologist, and identified two 6 other medical professionals as non-retained experts. Decl. of Amy K. Todd in Supp. of Opp’n, 7 Ex. A, Killgore’s Expert Witness Designation, ECF No. 71-1 at 5–8. During fact discovery, 8 Killgore also identified two former co-workers, Melissa Russ (“Russ”) and Oskar Burger 9 (“Burger”), as lay witnesses to testify in part to their understanding of Environmental 10 …