Pressing Tactical Advantage Instead of Workable Solution a “Mistake”

The court denied defendant's motion to strike two expert reports that were served after the deadline. "These two reports were due with the opening round of reports. . . . Plaintiff made a mistake. There is no evidence of bad faith. When the matter was brought to Plaintiff’s attention (which Defendant did not seem to be in any hurry to do . . . ) Plaintiff . . . appeared to respond appropriately to Defendant's complaint in seeking to understand what was necessary to alleviate any prejudice to Defendant. . . . Defendant appears, however, to have understood that it had gained a tactical advantage, and, instead of working with Plaintiff to come up with a workable plan, decided to press home its advantage with the instant motion. In my opinion, that approach was a mistake. I am not going to strike the experts' reports, and I do not intend to continue the trial."

Warner Chilcott Company LLC v. Zydus Pharmaceuticals (USA) Inc. et. al., 1-11-cv-01105 (DED October 24, 2013, Order) (Andrews, J.)