Mariscal v. Graco, Inc.
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)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case No. 13-cv-02548-TEH
ORDER DENYING DEFENDANT’S
RENEWED MOTION FOR
On June 26, 2014, the Court GRANTED IN PART and DENIED IN PART
United States District Court
Northern District of California
Defendant’s motion for summary judgment. See Docket No. 49. In denying Defendant’s
motion for summary judgment on Plaintiff’s strict liability design defect claim under the
risk-benefit test, the Court noted that Defendant’s failure to present risk-benefit evidence
was due, in part, to Plaintiff’s late disclosure of expert testimony. Accordingly, the Court
permitted Defendant to conduct additional discovery and “disclose supplemental expert
testimony” on this issue. Id. at 15-17. The Court intended this language to extend the time
for Defendant to disclose expert testimony to Plaintiff under Federal Rule of Civil
Procedure 26; it did not intend to invite supplemental briefing in support of a motion the
Court already decided. Nonetheless, Defendant submitted a brief that “requests that the
Court Grant Graco’s Motion for Summary Judgment under the Risk-Benefit test.” Docket
No. 58 at 8. The Court DENIES this request as an untimely renewed motion for summary
judgment or, alternatively, as an improper motion for reconsideration. Plaintiff’s strict
liability design defect claim under the risk-benefit test will go to trial.
IT IS SO ORDERED.
THELTON E. HENDERSON
United States District Judge
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