McDonald Apiary, LLC v. Starrh Bees, Inc., et al

Filing 243

ORDER - The parties objections, as stated on their exhibit lists, that documents were not timely disclosed, are denied. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MCDONALD APIARY, LLC,
Plaintiff,
v.

ORDER

STARRH BEES, INC.; DALE ASHLEY,
ANNE ASHLEY; and JONATHAN
GONZALEZ,
Defendants.
As to both Plaintiff and Defendants, the parties’ exhibit list includes objections
based on untimely disclosure of the opposing parties’ documents. “Unless the court
orders otherwise, [document] disclosures must be made at least 30 days before trial.” Fed.
R. Civ. P. 26(a)(3)(B).

As I previously noted, both Plaintiff and Defendants have conducted discovery up
until the eve of trial—neither party wanting to continue the trial and both sides requesting
discovery relevant to new claims raised less than three months ago. (Filing No. 232, n. 1).
Under the circumstances presented, the court finds disclosures made within thirty days of
trial are not untimely.

Accordingly,

IT IS ORDERED that the parties objections, as stated on their exhibit lists, that
documents were not timely disclosed, are denied.

November 30, 2016.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge