Aliff v. Vervent, Inc.

8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA | HEATHER TURREY, OLIVER Case No. 3:20-CV-00697-DMS (AHG) FIETY, JORDAN HERNANDEZ, and || JEFFREY SAZON, individually, and on behalf of all others similarly ORDER DENYING VERVENT || situated, DEFENDANTS’ MOTION TO STRIKE PLAINTIFFS’ MOTION 14 Plaintiffs, TO EXCLUDE TESTIMONY OF DEFENDANTS’ EXPERT DAVID |] v. HARMON || VERVENT, INC. fka FIRST ASSOCIATES LOAN SERVICING, || LLC; ACTIVATE FINANCIAL, LLC; DAVID JOHNSON; and LAWRENCE || CHIAVARO, 19 Defendants.

20 Presently before the Court is Defendants’ Motion to Strike Plaintiffs’ Motion 71 to Exclude Testimony of Defendants’ Expert David Harmon (ECF No. 195). (ECF No. 211.) The parties appeared before the Court on April 28, 2023 for the Final 23 Pretrial Conference. (ECF No. 182.) At the April 28 hearing, the Court stated any Daubert motions would be consolidated with the Motions in Limine hearing in this matter on June 2, 2023. Defendants correctly note that, at the hearing, Defendants requested to file a consolidated Daubert motion and not have it count as a Motion in Limine. The Court granted this request. Defendants filed its Daubert motion on May Case No. 3:20-cv-00697-DMS (AHG) -l- |} 5, 2023. (ECF No. 191.) Plaintiffs filed their Motion to Exclude Testimony of || Defendants’ Expert David Harmon on May 19, 2023. (ECF No. 195.)

3 To date, both parties have filed motions, or disclosed evidence, outside of the || requisite deadlines. The Court has allowed such motions and evidence in the interest || of an orderly process. The Court has discretion to do so. Tri-Valley CAREs v. U.S. || Dept. of Energy, 671 F.3d 1113, 1131 (9th Cir. 2012). Therefore, the Court exercises || such discretion and HEREBY ORDERS that Defendants file any opposition to || Plaintiffs’ Motion to Exclude Testimony of Defendants’ Expert David Harmon by || May 26, 2023. The hearing for this matter is on June 2, 2023, at 1:30 p.m.

10 IT IS SO ORDERED. \ J Dated: May 23, 2023 By: jn Yn.

Hon. Dana M. Sabraw, Chief Judge 12 United States District Court Case No. 3:20-cv-00697-DMS (AHG) -2-