Opinion
Case No. 2:02-CV-590 TS
May 14, 2004
ORDER DENYING PLAINTIFF'S MOTION TO STRIKE DEFENDANT'S TRIAL BRIEF AND FOR SANCTIONS
This matter is before the court on Plaintiff's Motion to Strike Defendant's Trial Brief and for Sanctions. Plaintiff moves to strike Defendant's Trial Brief because it generally reiterates Defendant's previously-denied Rule 11 Motion and because it fails to comply with the Court's Trial Order's requirement that it contains a list of all witnesses to be called and a short statement as to the substance of that witnesses' testimony. Defendant concedes that its Trial Brief was deficient and argues that there is no prejudice by its failure to timely comply because it now has provided the required information.
The court finds that Defendant's Trial Brief did fail to comply with the Trial Order and that there was prejudice to Plaintiff in that the required information is necessary for trial preparation. However, that prejudice is not sufficient to warrant the sanctions requested and will deny the Motion.
The denial of the Motion in no way excuses Defendant's failure to timely comply with counsel's responsibilities regarding trial preparation. The court expects counsel's professional cooperation with each other regarding the court's trial preparation and trial procedures. It is therefore
ORDERED that Plaintiff's Motion to Strike Defendant's Trial Brief and for Sanctions is DENIED.