Mariscal v. Graco, Inc.

Filing 64

ORDER Denying 58 Defendant's Renewed Motion for Summary Judgment. Signed by Judge Thelton E. Henderson on 07/22/14. (tehlc2, COURT STAFF) (Filed on 7/22/2014)

Download PDF
1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 JOSHUA MARISCAL, Plaintiff, 5 6 7 8 v. GRACO, INC., Case No. 13-cv-02548-TEH ORDER DENYING DEFENDANT’S RENEWED MOTION FOR SUMMARY JUDGMENT Defendant. 9 On June 26, 2014, the Court GRANTED IN PART and DENIED IN PART 11 United States District Court Northern District of California 10 Defendant’s motion for summary judgment. See Docket No. 49. In denying Defendant’s 12 motion for summary judgment on Plaintiff’s strict liability design defect claim under the 13 risk-benefit test, the Court noted that Defendant’s failure to present risk-benefit evidence 14 was due, in part, to Plaintiff’s late disclosure of expert testimony. Accordingly, the Court 15 permitted Defendant to conduct additional discovery and “disclose supplemental expert 16 testimony” on this issue. Id. at 15-17. The Court intended this language to extend the time 17 for Defendant to disclose expert testimony to Plaintiff under Federal Rule of Civil 18 Procedure 26; it did not intend to invite supplemental briefing in support of a motion the 19 Court already decided. Nonetheless, Defendant submitted a brief that “requests that the 20 Court Grant Graco’s Motion for Summary Judgment under the Risk-Benefit test.” Docket 21 No. 58 at 8. The Court DENIES this request as an untimely renewed motion for summary 22 judgment or, alternatively, as an improper motion for reconsideration. Plaintiff’s strict 23 liability design defect claim under the risk-benefit test will go to trial. 24 25 IT IS SO ORDERED. 26 27 28 Dated: 07/22/14 _____________________________________ THELTON E. HENDERSON United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?