00:00There has been no refusal to comply with discovery, and in fact, there was significant discovery in this case.
00:05When this smug attorney laughed at the defense lawyer, he thought he had the witnesses thrown out, but the judge
00:10rejected almost all of his requests.
00:12We are here in the matter of Deb Law v. Tuttle.
00:15The matter is before the court today on plaintiff's motion to strike.
00:19Mr. Funk, there's no question about it. Mr. Funk's got to be stricken.
00:23He wasn't disclosed under the trial witness list requirement.
00:28He wasn't disclosed in an expert list.
00:30He wasn't disclosed in answers to interrogatories.
00:33They didn't disclose any expected testimony of any witness.
00:36With respect to the fact witnesses, I mean, I look back at the last hearing.
00:40Counsel insisted upon strict compliance with the notice rule.
00:43Fine.
00:44The scheduling order says that absent a showing of good cause, witnesses not identified as required will not be allowed
00:49to testify at trial.
00:50She hasn't attempted to show any good cause.
00:53This is the second time they violated the scheduling order, Judge.
00:56Well, let me have Ms. Stricker respond.
00:59There has been no refusal to comply with discovery, and in fact, there was significant discovery in this case.
01:05Mr. Tomlin, I'm talking.
01:07You have Mr. Tomlin, let her make her argument.
01:09I'm sorry.
01:10Go ahead.
01:10Sure.
01:10Whether the party's violation was willful, there is no willful violation.
01:15There was a transfer in counsel in this case months ago.
01:19Beyond that, we're not in violation of any order at this time.
01:22The court had already issued an order that we had seven days to file a trial witness list, and we
01:28immediately filed a trial witness list.
01:30Therefore, none of these factors weigh in favor of plaintiff.
01:34And not having this case tried on the merits, that's all we have asked for from day one, is that
01:39a jury decide the ultimate issue in this case.
01:42Mr. Tomlin cannot, in good faith, argue any prejudice by allowing the loyal witnesses involved in this accident from testifying.
01:50Ms. Tomlin, any response?
01:51Yes, Judge.
01:52Funk is just, I mean, come on.
01:54You know, he's an undisclosed expert witness.
01:56I mean, he just has to be stricken, Your Honor, period.
01:59I think I agree with you on Funk.
02:01He is disclosed late.
02:02He is a proposed expert witness here, but not disclosed solely as a rebuttal witness, but just simply as an
02:08expert.
02:08I do think he needs to be stricken.
02:10With regard to the other witnesses, the remaining witnesses report were all disclosed in the police report, known to the
02:16parties.
02:17So I think that everyone is aware of those and that I don't try to be overly pedantic about listing,
02:23you know, what is quite patently obvious.
02:27So those lay witnesses may testify.
02:29Funk is out.
02:30The rest of the lay witnesses and the trooper are in.
02:33Case is up for trial in less than three weeks.
02:35That will be my ruling today.
02:36We'll exclude Funk.
02:37The remainder may testify.
