Cunningham Charter Corporation v. Learjet, Inc.
ORDER denying 221 Motion to Strike. Signed by Chief Judge David R. Herndon on 7/12/2012. (msdi)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CUNNINGHAM CHARTER CORP.,
HERNDON, Chief Judge:
Before the Court is plaintiff Cunningham Charter Corporation’s motion to
strike the declaration of Charles Kitchens (Doc. 221). Plaintiff argues that because
Kitchens was untimely disclosed in violation of Federal Rule of Civil Procedure 26(a)
and 37(c), the Court should strike his declaration. The Court finds, however, that
Kitchens’ disclosure was not untimely as it is clear from Kitchens’ deposition
testimony that defendant Learjet, Inc. put plaintiff on notice of Kitchens as soon as
it was first able to contact him. Furthermore, given what Kitchens knows, it is clear
why plaintiff did not disclose him. The only question is whether it is the proper
subject of a sanction or merely the proper subject of cross-examination and
impeachment. Accordingly, plaintiff’s motion strike (Doc. 221) is denied.
IT IS SO ORDERED.
David R. Herndon
Signed this 12th day of July, 2012.
United States District Court
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