Opinion

Darrow Cage v. Protective Insurance Company, ET AL.

Court
District Court, E.D. Louisiana
Filed
Apr 8, 2026
Cited by
0 cases
Authority
More cited than 40.2%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

DARROW CAGE CIVIL ACTION

VERSUS NO. 24-846

PROTECTIVE INSURANCE COMPANY, ET AL. SECTION: “D” (5)

ORDER AND REASONS

Before the Court is a Motion to Strike Plaintiff’s Untimely and Incomplete

Expert Disclosures and Motion for Leave to Supplement Defendants’ Witness and

Exhibit List, filed by Defendants Gabriel Rivera-Alicea and CEVA Logistics U.S., Inc.

(“Defendants”).1 Plaintiff Darrow Cage (“Plaintiff”) Opposes the Motion,2 and

Defendants have filed a Reply.3 After careful review of the parties’ memoranda, the

record, and the applicable law, the Court DENIES the Motion to Strike and

GRANTS the Motion for Leave.

I. FACTUAL AND PROCEDURAL BACKGROUND

This suit arises out of a motor vehicle accident.4 On January 23, 2023, Plaintiff

was operating a 2023 GMC Sierra truck on Farrar Avenue in Jefferson Parish,

Louisiana, when he was struck by a 2016 Freightliner operated by Gabriel Rivera-

Alicea and owned by CEVA Logistics U.S., Inc.5 Plaintiff allegedly suffered physical

and mental injuries as a result of the accident.6

1 R. Doc. 31.

2 R. Doc. 33.

3 R. Doc. 35.

4 R. Doc. 1.

5 R. Doc. 1-2.

6 Id.

On September 23, 2025, the Court issued a Third Amended Scheduling Order

(the “Scheduling Order”) in this matter.7 In pertinent part, the Scheduling Order

provides as follows:

Written reports of experts, as defined by the Federal Rules of Civil

Procedure 26(a)(2)(B), who may be witnesses for Plaintiffs, shall be

obtained and delivered to counsel for Defendant as soon as possible, but

in no event later than December 31, 2025. This deadline shall also apply

to all expert disclosures, as defined by the Federal Rules of Civil

Procedure 26(a)(2)(C).

. . . .

Counsel for the parties shall file in the record and serve upon their

opponents a list of all witnesses who may or will be called to testify at

trial and a list of all exhibits which may or will be used at trial no later

than January 30, 2026 . . . .8

Plaintiff failed to provide his expert disclosures to Defendants by December 31, 2025.9

Plaintiff filed his Witness List and Exhibit list into the record on February 26, 2026.10

Giving rise to the instant Motion, Plaintiff listed the following individuals in his

Witness List:

6. Dr. Pedro Romaguera / Louisiana Primary Care Consultants;

7. Dr. Timothy Finney / Southern Orthopaedic Specialists;

8. Dr. Stephanie Casey and/or representative of Doctors Imaging[.]11

On March 18, 2026, Defendants filed the instant Motion to Strike Plaintiff’s

Untimely and Incomplete Expert Disclosures and Motion for Leave to Supplement

7 R. Doc. 26.

8 Id. at pp. 1–2.

9 R. Doc. 31-1 at p. 3.

10 R. Docs. 28 and 29.

11 R. Doc. 29 at p. 1.

Defendants’ Witness and Exhibit List.12 In the Motion, Defendants seek to strike Dr.

Pedro Romaguera, Dr. Timothy Finney, and Dr. Stephanie Casey as witnesses for

Plaintiff.13 In support of their Motion, Defendants provide as follows:

Plaintiff failed to timely disclose the individuals he intends to call as

witnesses at trial and failed to provide the disclosures required by the

Scheduling Order, (R. 26), and Federal Rule of Civil Procedure

26(a)(2)(B) and (C). As such, witnesses 6, 7, and 8 on Plaintiff’s witness

list, (R. 29), should be struck in their entirety under Rule 37(c)(1) and

prohibited from offering any testimony at trial or, alternatively, those

witnesses should not be allowed to offer any testimony that would be of

the nature and kind typically given by experts under Federal Rule of

Evidence 702.

Additionally, because Plaintiff did not disclose any expert witnesses on

the deadline required by the Scheduling Order, Defendants did not

disclose their expert witness on their previously filed Witness and

Exhibit List (R. 27). In the event that Plaintiff’s witnesses are not

struck, Defendants respectfully request leave to supplement their

witness list with their own expert pursuant to the attached

Supplemental and Amended Witness and Exhibit List now that Plaintiff

has filed his list of witnesses.14

Plaintiff has filed an Opposition.15 Plaintiff concedes that he “did not file the

witness list in a timely fashion.”16 Plaintiff nonetheless contends that “[t]hese doctors

all were identified by plaintiff to the defendants when plaintiff forwarded to

defendants his Rule 26(a) Initial Disclosures as required by the court[,]”and such Rule

26(a) Initial Disclosures were sent to Defendants on June 26, 2024, which identify

the physicians and give a summary of their expected testimony.17 Additionally,

Plaintiff highlights that he “responded to discovery propounded by the defendants

12 R. Doc. 31.

13 R. Doc. 31-1.

14 Id. at pp. 1–2.

15 R. Doc. 33.

16 Id. at p. 1.

17 Id.

and identified these three (3) doctors as potential witnesses.”18 Plaintiff further

submits that that he has provided medical records from all three doctors to the

Defendants.19 Therefore, Plaintiff argues that “[t]here is absolutely no prejudice to

the defendants in this matter and no justification for striking these witnesses and not

allowing them to testify at trial.”20 As a final point, Plaintiff voices “no objection to

the amendment of defendants’ witness and exhibit lists to add Dr. Estrada . . . .”21

Thus, Plaintiff only argues that the Motion to Strike should be denied.22

Defendants, in Reply, assert that Plaintiff’s initial disclosures, discovery

responses, and medical records do not absolve Plaintiff’s failure to make a Rule

26(a)(2)(C) expert witness disclosure.23 Defendants contend that “[t]he prejudice to

Defendants is clear. By withholding timely Rule 26(a)(2)(C) disclosures, Plaintiff

deprived Defendants of the ability to evaluate the actual opinions to be offered, decide

whether depositions were necessary, retain rebuttal experts if needed, and file

targeted Daubert or motions in limine . . . .”24 Additionally, Defendants aver that

Plaintiff has failed to offer an adequate explanation for his failure to comply with

Rule 26(a)(2)(C).25 And if the Court declines to strike Plaintiff’s witnesses,

Defendants “renew their request for leave to supplement their witness and exhibit

list to add Dr. Lance Estrada, the Independent Medical Examiner.”26 Therefore,

18 Id. at p. 2.

19 Id.

20 Id. at p. 3.

21 Id.

22 Id.

23 R. Doc. 35 at p. 3.

24 Id.

25 Id. at p. 4.

26 Id. at p. 6.

Defendants argue that their Motion to Strike should be granted, or in the alternative,

that their Motion for Leave should be granted.27

II. LEGAL STANDARD

The Federal Rules of Civil Procedure impose disclosure requirements upon

proponents of expert testimony.28 Expert witnesses who are “retained or specially

employed to provide expert testimony” must submit written reports.29 Treating

physicians, however, are exempt from this reporting requirement.30 However, under

Fed. R. Civ. P. 26(a)(2)(C), non-reporting expert witnesses must disclose: (1) the

subject matter on which the witness is expected to present evidence under Federal

Rule of Evidence 702, 703, or 705; and (2) a summary of the facts and opinions to

which the witness is expected to testify.31 These disclosures must be made in

accordance with the deadlines set in the court’s scheduling orders or, absent a

stipulation or a court order, at least 90 days before trial or within 30 days of the other

party’s disclosure when offered solely to rebut or contradict such evidence.32

According to the Fifth Circuit, “When a party fails to disclose information

required by Federal Rule of Civil Procedure 26(a), the party is not allowed to use that

information . . . to supply evidence on a motion . . . or at a trial, unless the failure was

27 Id.

28 Fed. R. Civ. P. 26.

29 Fed. R. Civ. P. 26(a)(2)(B).

30 Fed. R. Civ. P. 26, 1993 and 2010 Advisory Committee Notes; Leggett v. Dolgencorp, LLC, Civ. A.

No. 16-17264, 2017 WL 4791183, at *1 (E.D. La. Oct. 24, 2017) (Vance, J.).

31 Rea v. Wisconsin Coach Lines, Inc., Civ. A. No. 12-1252, 2014 WL 4981803, at *3 (E.D. La. Oct. 3,

2014) (Duval, J.) (citing Fed. R. Civ. P. 26(a)(2)(C)).

32 Fed. R. Civ. P. 26(a)(2)(D).

substantially justified or is harmless.”33 Courts in this Circuit consider the following

four factors in determining whether a failure to disclose was harmless or

substantially justified: (1) the explanation for the failure to identify the witness; (2)

the importance of the testimony; (3) the potential prejudice in allowing the testimony;

and (4) the availability of a continuance to cure that prejudice.34 The Fifth Circuit

considers the same four factors when determining whether to exclude witnesses and

exhibits as a sanction for violating a Rule 16 scheduling order.35

III. ANALYSIS

Defendants seek to exclude treating physicians Dr. Pedro Romaguera, Dr.

Timothy Finney, and Dr. Stephanie Casey as Plaintiff’s witnesses.36 Plaintiff, in turn,

asserts that Defendants would not be prejudiced in allowing the named treating

physicians to testify as Plaintiff’s witnesses.37 For the reasons set forth below, the

Court finds that Plaintiff violated both Fed. R. Civ. P. 26(a)(2)(c) and the Court’s

33 In re Complaint of C.F. Bean LLC, 841 F.3d 365, 372 (5th Cir. 2016) (quoting Fed. R. Civ. P. 37(c)(1))

(internal quotation marks omitted).

34 Logan v. Westfield Ins. Co., Civ. A. No. 17-29, 2020 WL 412216, at *8 (E.D. La. Jan. 24, 2020) (Brown,

C.J.) (quoting Hamburger v. State Farm Mut. Auto. Ins. Co., 361 F.3d 875, 883 (5th Cir. 2004)) (internal

quotation marks omitted); Hooks v. Nationwide Housing Sys., LLC, Civ. A. No. 15-729, 2016 WL

3667134, at *3 (E.D. La. July 11, 2016) (Barbier, J.) (citing Betzel v. State Farm Lloyds, 480 F.3d 704,

707 (5th Cir. 2007)). See also Geiserman v. MacDonald, 893 F.2d 787, 791 (5th Cir. 1990).

35 Williams v. American Strategic Ins. Corp., Civ. A. No. 13-5411, 2014 WL 1246846, at *1 (E.D. La.

Mar. 25, 2014) (Africk, J.) (citing Barrett v. Atlantic Richfield Co., 95 F.3d 375, 380 (5th Cir. 1996);

Geiserman v. MacDonald, 893 F.2d 787, 791 (5th Cir. 1990)).

36 R. Doc. 31. The parties do not dispute that these three witnesses are treating physicians of Plaintiff.

See R. Doc. 31-1 at p. 7 (“These witnesses, Dr. Pedro Romaguera, Dr. Timothy Finney, and Dr.

Stephanie Casey, are Plaintiff’s treating physicians.”); R. Doc. 33 at p. 3 (“Obviously, the removal of

these treating physicians, most especially Dr. Timothy Finney, from testimony at the trial of this

matter would prevent plaintiff from presenting substantial evidence in support of his claim for

damages.”).

37 R. Doc. 33.

Scheduling Order, but further finds that striking the treating physicians as witnesses

is not warranted.38

A. Plaintiff’s disclosures do not satisfy the requirements of Fed. R.

Civ. P. 26(a)(2)(C).

Under the Court’s Scheduling Order, Plaintiff’s deadline to provide expert

reports and expert disclosures under Rule 26(a)(2)(C) was December 31, 2025.39

According to the parties and the evidence before the Court, Plaintiff provided

Defendants with Rule 26(a) Initial Disclosures on June 26, 2024.40 Additionally,

Plaintiff provided discovery responses to Defendants in the form of medical records

from “(1) Dr. Romaguera/Louisiana Primary Care Consultants (for treatment dated

February 1, 2023 through June 21, 2023); (2) Dr. Stephanie Casey/Doctors Imaging

(for treatment dated March 13, 2023); and (3) Dr. Timothy Finney / Southern

Orthopaedic Specialsts [sic] (for treatment dated May 8, 2023 through August 14,

2024).”41 Plaintiff further provided Defendants with updated medical records and

38 Defendants argue, and the Court agrees, that Plaintiff has violated both Fed. R. Civ. P. 26 and the

Court’s Scheduling Order. Nevertheless, the Court’s analysis folds into one. See Williams, 2014 WL

1246846, at * 1 (“When determining whether to exclude witnesses and exhibits as a sanction for a

violation of a Rule 16 scheduling order, the United States Court of Appeals for the Fifth Circuit looks

to the same factors as those described with respect to Rule 37 of the Federal Rules of Civil Procedure to

determine whether the district court properly exercised its discretion.”); Fed. R. Civ. P. 37(c)(1)(“If a

party fails to provide information or identify a witness as required by Rule 26(a) or (e), the party is not

allowed to use that information or witness to supply evidence on a motion, at a hearing, or at a trial,

unless the failure was substantially justified or is harmless.”).

39 R. Doc. 26 at p. 1. Additionally, under the Court’s Scheduling Order, Plaintiff had until January 30,

2026 to file a witness list and an exhibit list. R. Doc. 26 at p. 2. Plaintiff, however, did not file his

witness and exhibit lists until February 26, 2026. See R. Docs. 28 and 29. Because the Court’s analysis

of a Scheduling Order violation is identical to that of one for a Rule 26 violation, the Court only

undergoes a Rule 26 violation analysis but notes infra that Plaintiff has also violated the Court’s

Scheduling Order. See supra note 38.

40 R. Doc. 33 at p. 1; R. Doc. 33-1.

41 R. Doc. 33 at p. 2 (citing R. Doc. 33-2).

bills from Dr. Timothy Finney on “November 20, 2024; January 27, 2025; February

13, 2025; April 1, 2025; May 28, 2025; August 1, 2025; and December 1, 2025[.]”42

The Court finds that Plaintiff’s disclosures do not satisfy the requirements of

Rule 26(a)(2)(C). As another Section of this Court found in Hooks v. Nationwide

Housing Systems, LLC, the Court finds that Plaintiff has provided no information as

to what his treating physicians intend to testify other than “about facts, data, and

symptoms they observed in their patients during treatment.”43 Thus, Plaintiff’s Rule

26(a)(2)(C) expert disclosure “falls woefully short because it provides absolutely no

detail about the causation opinions the treating physicians will provide nor does it

summarize any facts upon which the treating physician will testify.”44

Although Plaintiff argues that the medical records contain the bases for the

opinions of his treating physicians, “disclosures consisting of medical records alone

are insufficient to satisfy the disclosure standard of Rule 26(a)(2)(C).”45 While

“Courts must take care against requiring undue detail” in Rule 26(a)(2)(C)

disclosures, courts in this Circuit have made clear that the summary disclosure

should, at the very least, provide an abstract, abridgement, or compendium of the

opinion and facts supporting the opinion.46 Allowing Plaintiff to shift his burden to

42 R. Doc. 33 at p. 2 (citing R. Doc. 33-3).

43 Hooks v. Nationwide Housing Systems, LLC, Civ. A. No. 15-729, 2016 WL 3667134, at *4 (E.D. La.

July 11, 2016) (Barbier, J.) (internal quotation marks omitted).

44 Logan v. Westfield Insurance Company, Civ. A. No. 17-29, 2020 WL 412216, at *8 (E.D. La. Jan. 24,

2020).

45 Hooks, Civ. A. No. 15-729, 2016 WL 3667134 at *5 (citing Williams v. State, Civ. A. No. 14-00154,

2015 WL 5438596, at *4 (M.D. La. Sept. 14, 2015) (Jackson, C.J.)).

46 Rea v. Wisconsin Coach Lines, Inc., Civ. A. No. 12-1252, 2014 WL 4981803, at *5 (E.D. La. Oct. 3,

2014) (quoting Fed. R. Civ. P. 26, 2010 Advisory Committee Notes) (internal quotation marks omitted);

See Logan, Civ. A. No. 17-29, 2020 WL 412216 at *7 & 8 (quoting Fed. R. Civ. P. 26, 2010 Advisory

Committee Notes; Rea, Civ. A. No. 12-1252, 2014 WL 4981803 at *5); Hooks, Civ. A. No. 15-729, 2016

WL 3667134 at *5 (“This Court has explained that courts must take care against requiring undue

provide Rule 26(a)(2)(C) disclosures by providing Defendants with his medical records

would make Rule 26(a)(2)(C) meaningless. Plaintiff’s disclosures fall well below the

Rule 26(a)(2)(C) standard, as they do not provide a summary of the facts and opinions

to which his treating physicians are expected to testify. Accordingly, the Court finds

that Plaintiff has violated Rule 26(a)(2)(C) and the Scheduling Order.47

B. Plaintiff’s failure to comply with Rule 26(a)(2)(C) and the Court’s

Scheduling Order, while serious, in this matter is harmless.

The Court now turns to whether the expert opinions of Plaintiff’s medical

providers should be excluded at trial under Rule 37(c) for Plaintiff’s failure to comply

with Rule 26(a)(2)(C). As explained above, the Fifth Circuit has instructed courts to

consider the following factors in determining whether Plaintiff's failure to comply

with Rule 26(a)(2)(C) was harmless or substantially justified: “‘(1) the importance of

the evidence; (2) the prejudice to the opposing party of including the evidence; (3) the

possibility of curing such prejudice by granting a continuance; and (4) the explanation

for the party's failure to disclose.’”48 The Court takes each factor in turn.

1. Importance of the evidence

The first factor, the importance of the evidence, weighs against striking

Plaintiff’s witnesses. Defendants contend that “[w]hile the testimony of the witnesses

sought to be excluded is important to the Plaintiff, permitting these witnesses to

detail in Rule 26(a)(2)(C) disclosures.”) (quoting Anders v. Hercules Offshore Servs., LLC, 311 F.R.D.

161, 164 (E.D. La. 2015)) (internal quotation marks omitted).

47 R. Doc. 26 at p. 1 (“Written reports of experts, as defined by the Federal Rules of Civil Procedure

26(a)(2)(B), who may be witnesses for Plaintiffs, shall be obtained and delivered to counsel for

Defendant as soon as possible, but in no event later than December 31, 2025. This deadline shall also

apply to all expert disclosures, as defined by the Federal Rules of Civil Procedure 26(a)(2)(C).”).

48 Bailey v. Shell Western E&P, Inc., 609 F.3d 710, 729 (5th Cir. 2010)(quoting Texas A & M Research

Found. v. Magna Transp., 338 F.3d 394, 402 (5th Cir. 2003)).

testify at trial would result in substantial prejudice to Defendants given the advanced

stage of the litigation.”49 Plaintiff emphasizes that “the removal of these treating

physicians, most especially Dr. Timothy Finney, from testimony at the trial of this

matter would prevent plaintiff from presenting substantial evidence in support of his

claim for damages.”50 The Court agrees with Plaintiff.

In this personal injury suit, the nature and extent of Plaintiff’s injuries are

fundamental to his case, and the testimony of Plaintiff’s treating physicians is

essential to prove the nature and extent of his injuries. Dr. Pedro Romaguera, Dr.

Timothy Finney, and Dr. Stephanie Casey have collectively provided three years of

medical treatment to the Plaintiff.51 Defendants acknowledge the importance of the

treating physicians as witnesses as well.52 Excluding these witnesses would severely

limit Plaintiff’s ability to provide important medical evidence. Accordingly, the Court

finds that this factor weighs in Plaintiff’s favor.

2. Prejudice to Defendants

The second factor – the prejudice to the opposing party by including the

evidence – is neutral. Defendants argue that the potential prejudice to them is high,

as “[t]rial is two months away and the first time any witnesses have ever been

formally disclosed was nearly a month after the expert deadline passed, and just three

days before discovery closed.”53 Plaintiff, in turn, contends that “under the

49 R. Doc. 31-1 at p. 8.

50 R. Doc. 33 at p. 3.

51 See id. at p. 2.

52 R. Doc. 31-1 at p. 8.

53 Id. (emphasis original).

circumstances of this case, where there has been full disclosure of the witnesses and

the nature of their testimony, not to mention provision of periodic expert reports,

there can be no prejudice to the defendants in this matter.”54

The Court agrees that allowing Plaintiff’s medical providers to offer expert

causation testimony at trial would ordinarily prejudice Defendants as Plaintiff has

failed to comply with the “formal” Rule 26 disclosure requirements. Although

Plaintiff’s disclosures fall woefully short of the requirements imposed by Rule

26(a)(2)(C), the Court finds that Plaintiff’s piecemeal disclosures placed Defendants

on notice that the treating physicians intended to testify as to medical causation

based upon their treatment of Plaintiff.55 Defendants concede as much when they

argue that Plaintiff failed to “formally” disclose the witnesses.56 Defendants do not

dispute that they have been provided with all of Plaintiff’s medical records, nor do

they dispute that Plaintiff has sought,57 and been granted,58 three continuances

without opposition from Defendants based on Plaintiff’s continued medical treatment

by his named treating physicians.59

To be clear, the Court does not in any way give Plaintiff “a pass” for his failure

to comply with the Court’s Order and the law. Instead, the Court is only

acknowledging that, thankfully for Plaintiff, Defendants suffered little or no

54 R. Doc. 33 at p. 3.

55 See R. Doc. 33-1 at p. 3, ¶¶ 5–7.

56 See R. Doc. 31-1 at p. 8.

57 See R. Docs. 14, 19, and 23. Plaintiff’s Motions to Continue also included specific references to the

treating physicians and included as exhibits some of the treating physician’s medical records regarding

Plaintiff.

58 See R. Docs. 16, 20, and 24.

59 See R. Doc. 35.

prejudice as a result of his non-compliance. To the extent that Defendants potentially

suffered any prejudice, and as explained below, the Court grants Defendants’ request

to supplement their witness list, thereby eliminating any remaining prejudice to

Defendants. Therefore, this factor is neutral.60

3. Whether a continuance could cure any prejudice

The third factor, whether a continuance could cure the minimal prejudice to

Defendants, weighs in Plaintiff’s favor. Defendants allege that the “the availability

of a continuance to cure such prejudice weighs in favor of exclusion. The case has

been continued three times before, and the Court should decline to do so again where

a party failed to comply with the Court’s deadlines and Rule 26(a).”61 Plaintiff does

not address this factor.62

Defendants sought a continuance via their request to “be given leave to add

Dr. Estrada as a witness.”63 The Court grants such request, allowing Defendants to

cure any prejudice arising from Plaintiff’s failure to comply with Rule 26(a)(2)(C).

Therefore, this factor is neutral or favors Plaintiff.

60 Defendants argue that they are prejudiced because that by the time Plaintiff filed his witness list,

“the deadlines for expert disclosures, discovery, and trial preparation were already expiring or had

expired, leaving Defendants with no fair opportunity to evaluate the proposed testimony, conduct

meaningful discovery, retain rebuttal experts, or prepare appropriate motions.” R. Doc. 35 at p. 5. The

Court notes, however, that Defendants have not sought any relief, such as a request to extend the

discovery deadline, from the Court as of the date of this Order and Reasons. The Court therefore gives

minimal credence to Defendants’ argument.

61 R. Doc. 31-1 at pp. 8–9.

62 See R. Doc. 33.

63 R. Doc. 31-1 at p. 9.

4. Explanation for Plaintiff’s failure to disclose

The fourth and final factor, the explanation for Plaintiff’s failure to disclose,

weighs in Defendants’ favor. Defendants assert that Plaintiff “does not provide [a]

sufficient explanation for missing the disclosure deadline, missing the witness-list

deadline, and never serving Rule 26(a)(2)(C) summaries.”64 Plaintiff does not address

this factor and merely states that “[a]dmittedly, deadlines set by the court should and

must be respected.”65 The Court finds that this factor favors granting Defendants’

Motion to Strike, as Plaintiff has failed to offer any explanation whatsoever for his

failure to comply with Rule 26(a)(2)(c) and the Scheduling Order.

Based on the above four-factor analysis, the Court finds that a majority of the

factors weigh in favor of finding that Plaintiff’s Rule 26(a)(2)(C) violation is harmless

so as to allow Plaintiff’s treating physicians to offer expert testimony at trial. The

Court therefore denies Defendants’ Motion to Strike Plaintiff’s Untimely and

Incomplete Expert Disclosures. However, the Court finds that good cause exists to

grant Defendants’ Motion for Leave to Supplement their Witness and Exhibit list.

IV. CONCLUSION

For the foregoing reasons,

IT IS HEREBY ORDERED that Defendants’ Motion to Strike Plaintiff’s

Untimely and Incomplete Expert Disclosures and Motion for Leave to Supplement

64 R. Doc. 35 at p. 4.

65 R. Doc. 33 at p. 3.

Defendants’ Witness and Exhibit List®* is GRANTED IN PART and DENIED IN

PART.

IT IS FURTHER ORDERED that Defendants’ Motion to Strike Plaintiff's

Untimely and Incomplete Expert Disclosures is DENIED.

IT IS FURTHER ORDERED that Defendants’ Motion for Leave to

Supplement Defendants’ Witness and Exhibit List is GRANTED. The Clerk’s Office

is directed to file Defendants’ Supplemental and Amended Witness and Exhibit List§7

into the record.

New Orleans, Louisiana, April 8, 6.

WENDY B. VITTER

United States District Judge

66 R. Doc. 31.

87 R. Doc. 31-3.

14

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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