Trade Secret Report | October 21, 2021 | |||||||||
Mitigation of Prejudice Surrounding Late Disclosed Expert Witness Through Briefing and Pretrial Depositions Sufficient to Overcome Motion to Strike | ||||||||||
Defendant moves to strike the Robins Declaration under Fed. R. Civ. P. 37(c)(1) because he was not previously disclosed as a witness under Fed. R. Civ. P. 26(a). . . . [T]he Court finds that the Woodworker factors weigh in favor of a finding that Plaintiff's failure to disclose Robins as a witness with knowledge of the measures Plaintiff took to protect the confidentiality of its practice exams was substantially justified or harmless. Any prejudice associated with his late disclosure can be remedied by a targeted sur-reply brief and, if necessary, a limited pretrial deposition. Because the Court declines to strike Robins' Declaration under Rule 37(c)(1), Defendant's concomitant motion to strike the attached practice exams for lack of authentication is denied. | ||||||||||
Assessment Technologies Institute, LLC. v. Parkes d/b/a Level Up RN, 2-19-cv-02514 (DKS 2021-10-19, Order) (Julie A. Robinson) | ||||||||||
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USDC | Cases with New Pleadings | 2 Result[s] |
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