
I'm amazed Frank can lie right through his teeth without any shred of shame
Excerpt from the Judgement
Federal Rule of Civil Procedure 26(a)(2)(C) requires for “non-retained” experts, such as Plaintiff’s percipient doctor witnesses, disclosures that state:
(i) the subject matter on which the witness is expected to present evidence under Federal Rule of Evidence 702, 703, or 705; and
(ii) a summary of the facts and opinions to which the witness is expected to testify.”
This disclosure must be made “at least 90 days before the date set for trial”—in this case, April 15, 2026. Fed. R. Civ. P. 26(a)(2)(D)(i). Although Plaintiff indicated in his discovery plan an intention that his percipient witness would offer expert testimony, Plaintiff never served Defendant a disclosure containing the facts and opinions about which the witnesses would testify.
Certainly, the short descriptions contained in Plaintiff’s initial disclosures cannot constitute the “summary of the facts and opinions” the rule requires. See Exhibit A at 2, ECF No. 129-2.
Rule 37(c)(1) imposes an automatic exclusion sanction for undisclosed expert testimony where a noncompliant party has not shown that the failure to disclose was either substantially justified or harmless