Order | Filed: October 12, 2026
| Entered: October 12, 2026
DIALECTIC DISTRIBUTION, LLC et al v. TRAVELERS PROPERTY CASUALTY OF AMERICA
Contract: Marine | New Jersey
Text Order
TEXT ORDER: The Court has received the parties' joint letter, D.E. 30 , concerning whether Plaintiffs have complied with the Court's 9/24/2026 text order, D.E. 29. The Court will address the letter at the October 28, 2026, 4 p.m. status conference. The conference will now be held IN PERSON. By October 26, 2026, the parties shall provide a further status update consistent with the following points.
First, the Court ordered Plaintiffs to disclose "personnel with knowledge of the creation of, and underlying factual bases for, Plaintiffs' damages-calculation spreadsheet and overall damages calculation." 9/24/2026 Order. Rule 26(a)(1)(A)(i) requires each party to disclose "each individual likely to have discoverable information--along with the subjects of that information[.]" Plaintiffs accordingly must identify which individuals in its Rule 26 disclosures have knowledge of the spreadsheet and overall damages calculation.
Second, Rule 26(a)(1)(A)(iii) requires Plaintiffs to provide "a computation of each category of damages" and "the documents or other evidentiary material, unless privileged or protected from disclosure, on which each computation is based, including materials bearing on the nature and extent of injuries suffered." Plaintiff's Rule 26 damage computation states that "Plaintiffs have suffered damages in excess of $4 Million." D.E. [30-1] at para. 3. Plaintiff shall amend that disclosure to comply with Rule 26. See Koninklijke Philips Elecs. N.V. v. ZOLL LifeCor Corp., 2017 WL 4764670, at *2 (W.D. Pa. Oct. 20, 2017) ("In applying Rule 26, courts have understood 'computation' to require a specific computation of a plaintiff's damages, which includes a disclosure of evidentiary material upon which the category of damages is based. The computation requires at least some analysis, and simply reciting a dollar figure clearly is not enough."). Plaintiff shall also produce nonprivileged "documents or other evidential material... on which [the] computation is based." See Rule 26(a)(1)(A)(iii).
Third, the parties will meet and confer in good faith regarding the previously ordered plan for (1) Plaintiffs to search for relevant damage-related documents in its possession, custody, or control; and (2) the parties to obtain relevant records seized by law enforcement. See 9/24/2026 Text Order. At the October 28 in-person status conference, the parties shall be prepared to discuss their meet and confer efforts; the specifics of Plaintiff's document-search plan, including, if applicable, potential record custodians, ESI repositories, search terms, etc.; and their plan to obtain any seized records. So Ordered by Magistrate Judge Alex D. Silagi on 10/12/2026. (Silagi, Alex)