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Trademark | Texas Western
Order on Motion to Strike Order on Motion to Exclude
Text Order Denying 57 Motion to Strike and Exclude Supplemental Report of Charles North entered by Judge Xavier Rodriguez. Defendants argue that the Court should exclude Dr. North's supplemental report because Plaintiff violated Rule 26(e).
"If a party fails to provide information... as required by Rule 26(a) or (e), the party is not allowed to use that information... unless the failure was substantially justified or is harmless." Fed. R. Civ. P. 37(c)(1) To determine whether a violation is harmless, the Fifth Circuit considers inter alia prejudice to the opposing party and "the possibility of curing such prejudice by granting a continuance." Texas A&M Research Found. v. Magna Transp., Inc., 338 F.3d 394, 402 (5th Cir. 2003). Here, Defendants point to no clear prejudice. See ECF No. 57 at 10. And this case is stayed pending mediation; even if there is prejudice, the ability to cure it remains.
Motor Vehicle | Texas Western
Advisory to the Court
ADVISORY TO THE COURT by Bas Transportation Final Joint Pretrial Order. (Peterson, Gregory)
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