CAIN v. SHELL OIL COMPANY

Filing 49

ORDER DENYING 45 MOTION TO STRIKE. Signed by JUDGE MARK E WALKER on 11/20/2013. (dlt)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
RALPH REGINALD CAIN,
Plaintiff,
v.

CASE NO. 4:13-cv-77-MW/CAS

SHELL OIL CO. and
CIRCLE K STORES, INC.,
Defendants.
_______________________________/
ORDER DENYING MOTION TO STRIKE
This Court has considered Defendant’s motion to strike Plaintiff’s expert
witness, ECF No. 45, filed on November 13, 2013, and heard argument from the
parties at a hearing on November 19, 2013.
At the hearing, Defendant acknowledged that the untimely and insufficient
disclosures would be harmless due to a prior order of this Court permitting the use
of depositions from a related state court case in this matter and Defendant’s
pending receipt of additional information from Plaintiff’s expert, Howard Wood, at
his deposition. See Fed. R. Civ. P. 37(c) (“If a party fails to provide information or
identify a witness as required by Rule 26(a) or (e), the party is not allowed to use
that information or witness to supply evidence . . . at a trial, unless the failure was .
. . harmless.” (emphasis added)). This is particularly true considering that
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Defendant now has leave of court to conduct a supplemental deposition of Howard
Wood for the limited purpose of questioning Mr. Wood regarding information
which should have been provided as part of Rule 26 disclosures but was not
disclosed until Mr. Wood’s original deposition.
For the reasons stated on the record and summarized above, the motion is
DENIED with qualifications.
SO ORDERED on November 20, 2013.
s/Mark E. Walker
United States District Judge

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