Motion in Limine to Preclude Expert Evidence for Failure to Comply with Disclosure Requirements

Please take notice that Plaintiff Goldy Hill seeks to move the Court, in limine, for an order precluding Defendant, pursuant to Federal Rule of Civil Procedure 37(c)(1), from offering at trial the April 1, 2018 supplemental testimony of Defendant’s expert, Professor Horace Brown. Plaintiff respectfully requests that the Court preclude Professor Brown’s supplemental testimony because his initial expert reports, filed pursuant to Rule 26(a)(2)(B), failed to disclose the new opinions, defensive theories, evidence, and underlying bases first disclosed in his April 1st testimony. In addition, Plaintiffs move to preclude the Defendant’s use of any exhibits other than those attached to Professor Brown’s original expert reports, and to preclude reference to any opinions, documentation, or other evidence first disclosed in his supplemental testimony. In the alternative, if the Court denies Plaintiff’s motion on the papers, Plaintiff requests that the Court...