When it comes to supplemental expert reports, how late is too late?
In a case that's set for trial next month, Judge Andrews recently addressed the parties' objections to a number of orders and R&Rs issued by Magistrate Judge Burke. In one of those orders, Judge Burke granted a motion to exclude some of the plaintiffs' damages calculations as erroneous and unreliable.
The plaintiffs objected, and in the meantime, they served a supplemental damages report attempting "[t]o correct the flawed analysis" excluded by Judge Burke.
Judge Andrews not only overruled the objections, but also found that the supplemental report was submitted too late:
The report was filed less than three weeks before trial. . . . This is …