Pepper, N.A. v. Expandi, Inc. et al

Filing 79

ORDER REQUIRING PLAINTIFF TO SPECIFY EACH CATEGORY OF DAMAGES. By May 11 at noon, plaintiff must file a chart that specifies its computation of each category of damages. Signed by Judge Nathanael Cousins on 5/9/2016. (nclc3S, COURT STAFF) (Filed on 5/9/2016)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 PEPPER, N.A., Plaintiff, United States District Court Northern District of California 11 12 13 14 v. EXPANDI, INC., and others, Case No. 15-cv-04066 NC ORDER REQUIRING PLAINTIFF TO SPECIFY EACH CATEGORY OF DAMAGES (DEFENDANTS’ MOTION IN LIMINE NO. 4) Defendants. 15 16 Trial is not an ambush. Federal Rule of Civil Procedure 26 imposes an affirmative 17 duty to disclose witnesses, supporting documents, a computation of damages, and 18 insurance agreements. As to damages, a plaintiff must disclose “a computation of each 19 category of damages” and make available “documents or other evidentiary material . . . on 20 which each computation is based.” Fed. R. Civ. P. 26(a)(1)(A)(iii). 21 In their pretrial motion in limine number 4, defendants seek to preclude plaintiff 22 from presenting evidence of speculative damages. Dkt. No. 67. In response, plaintiff 23 states the motion is “disastrously” and “completely unclear” and that plaintiff will present 24 evidence of “significant damages with reasonable certainty.” Dkt. No. 73 at 2. 25 Plaintiff’s superficial disclosure of its damages computations falls far short of what 26 is required. By May 11 at noon, plaintiff must file a chart that specifies its computation of 27 each category of damages. The chart must include: (1) specific monetary amounts in each 28 category; (2) under which cause(s) of action the damages are awardable; (3) the trial Case No. 15-cv-04066 NC 1 exhibits, stipulations, or witness testimony upon which each computation is based; and 2 (4) a computation of the total damages that plaintiff seeks at trial. 3 4 5 6 7 Plaintiff is warned that the Court may exclude any request for, and evidence of, damages that have not been properly and timely disclosed. The Court will rule separately on the other motions in limine at the pretrial conference. IT IS SO ORDERED. 8 9 Dated: May 9, 2016 10 _____________________________________ NATHANAEL M. COUSINS United States Magistrate Judge United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 15-cv-04066 NC 2

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