Chemeon Surface Technology, LLC vs Metalast International, Inc, et al

Filing 262

ORDER denying Harris's ECF No. 231 Motion to Exclude Evidence of Undisclosed Damages. Signed by Magistrate Judge Valerie P. Cooke on 4/7/2017. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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CHEMEON SURFACE TECHNOLOGY, LLC,

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Plaintiff,

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Case No. 3:15-CV-0294-MMD (VPC)
ORDER

v.
METALAST INTERNATIONAL, INC., et al.,

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Defendants.

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_______________________________________

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AND RELATED CLAIMS.

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Before the court is the motion in limine of Marc Harris (“Harris”) to exclude evidence of

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undisclosed damages (ECF No. 231). Plaintiff/counter defendants, Chemeon Surface Technology,

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LLC, Dean S. Meiling, and Madylon Meiling (collectively, “Chemeon”) responded to the motion

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(ECF No. 247). Harris did not file a reply.

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Harris argues that he never received a Fed. R. Civ. P. 26(a) disclosure from Chemeon, and

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because discovery has closed, he seeks to exclude evidence of undisclosed damages at trial. (ECF

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No. 231 at 2-3.) Rule 26(a)(1)(A)(iii) requires a party to provide “a computation of each category

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of damages claimed by the disclosing party.” FRCP 26(a) damages refer to compensatory

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damages. Chemeon concedes that they are not seeking compensatory damages from Harris, but
rather permanent injunctive relief and attorneys’ fees. (ECF No. 247 at 4.) Accordingly, Harris’s
motion to exclude evidence of undisclosed damages (ECF No. 231) is DENIED.
IT IS SO ORDERED.
DATED: April 7, 2017.

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_______________________________________
UNITED STATES MAGISTRATE JUDGE