Disclosure of Witnesses & Experts – Discovery

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7^TH Circuit Court of Appeals

Case Name: Orvil  Duane Hassebrock et al v. Robert G. Bernhoft, et al

Case No.: 14-2943

Officials: POSNER and SYKES, Circuit Judges, and SIMON, Chief District Judge.

Focus: Disclosure of Witnesses & Experts – Discovery

Appellants failure to provide witness list and expert list until after the close of discovery warrants summary judgment for defendant-respondent

“As the district judge saw it, the Hassebrocks’ delay was neither substantially justified nor harmless. The judge noted that the Hassebrocks could have raised the issue of their financial constraints much earlier, before the discovery deadline lapsed, but instead their April 9 motion assured the court that they would provide the necessary expert disclosures “well before” the May 10 deadline. The judge also noted that reopening discovery would prejudice the defendants because the case was old and had already moved to the summary-judgment stage. Reopening discovery would cause further delay and require the defendants to prepare new motions on potentially different grounds. This reasoning is sound in all respects. We find no abuse of discretion.”

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.