Opinion
1:20-cv-04572-LGS
07-06-2022
BRIAN WATSON, DANIEL SAMARGHITAN, ANNMARIE GREENE f/k/a ANNMARIE MOHAMMED, JOSE ESPINAL, LYMELL JACKSON, individually, and on behalf of all others similarly situated, Plaintiffs, v. LEXUS OF MANHATTAN, Defendant.
MOTION TO STRIKE / DISREGARD
LORNA G. SCHOFIELD UNITED STATES DISTRICT JUDGE
Defendant shall file a response to Plaintiff's motion to strike by July 13, 2022, which shall not exceed six pages in length. Plaintiff shall not file a reply.
So Ordered.
Comes now, Plaintiff, Brian Watson, by and through undersigned counsel, respectfully submits this Motion to Strike Exhibit M of Defendant's Opposition to Plaintiff's motion for class certification and Defendant's Exhibit T to Defendant's Daubert motion for Defendant's failure to disclose the witness during the course of discovery.
“If a party believes that there is something wrong with an affidavit, exhibit, or other document - and if the party believes that, because of that problem, the Court should ignore the affidavit, exhibit, or other document - then the party should simply say that.” Moreno v. Wells Fargo Bank, N.A., 2020 U.S. Dist. LEXIS 10577, at *9 (D.Minn. Jan. 22, 2020). In this case, Defendant filed a declaration from a third party, Craig L. Davis, in both its Daubert Motion and Opposition to Class Certification. During the course of discovery, Defendant never disclosed Mr. Davis or his employer, LexisNexis, as a witness in either initial disclosures or expert disclosures.