InVue Security Products, Inc. v. Langhong Technology USA Inc. et al, 4-13-cv-00457 (TXND July 17, 2014, Order) (McBryde, J.)
Monday, July 21, 2014
Deficient Report Warrants Exclusion of Damages Expert
The court granted defendant's motion to exclude plaintiff's damages expert from trial for failing to comply with Rule 26 regarding the contents of his report. "The report prepared by [plaintiff's expert] provides virtually none of the information required by Rule 26 (a)(2)(B)(i). Plaintiff's response to the motion asserts as an excuse for noncompliance lack of sufficient discovery before [its expert] prepared his report for him to have the information he would need to comply with the requirements of Rule 26(a)(2)(B). . . . Plaintiff had ample time before [its expert] prepared and submitted his report for the collection of whatever information it needed for [him] to provide the information in his report. . . . The court has concluded that no lesser sanction would adequately address plaintiff's failure to comply with the scheduling order as to [plaintiff's damages expert]."