*1 Case 1:04-cv-01479-CMH-BRP Document 86 Filed 10/17/05 Page 1 of 2 PageID# 2
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division
______________________________
)
MCI WORLDCOM NETWORK )
SERVICES, INC., )
)
Plaintiff, )
) v. ) Civil Action No. 04–1479
)
PAETEC COMMUNICATIONS, INC., )
)
Defendant. )
______________________________)
ORDER
This matter comes before the Court on Defendant’s Motion in Limine to Exclude Evidence Related to Plaintiff’s New Damage Calculations. Plaintiff originally sought damages of $5,564,765.03 in its Complaint and First Amended Complaint. In Plaintiff’s Fourth Supplemental Responses to Defendant’s First Set of Interrogatories (September 28, 2005), Plaintiff disclosed new damage calculations of $5,074,282.00. Plaintiff’s new damage calculations were produced through a different process than its original damage calculations.
Plaintiff’s new damage calculations were provided to Defendant more than three months after the discovery deadline (June 10, 2005) and Final Pretrial Conference (June 16, 2005). Plaintiff has no substantial justification for the untimeliness of its new damage calculations. See Fed. R. Civ. P. 37(c)(1).
Case 1:04-cv-01479-CMH-BRP Document 86 Filed 10/17/05 Page 2 of 2 PageID# 3 Allowing Plaintiff to introduce evidence at trial relating to its new damage calculations is not harmless because Defendant, in preparing for trial, has justifiably relied on Plaintiff’s original damage calculations. See id. It appearing to the Court
that Plaintiff’s new damage calculations are untimely and that Plaintiff should not be allowed to introduce evidence at trial relating to the new damage calculations disclosed in Plaintiff’s Fourth Supplemental Responses to Defendant’s First Set of Interrogatories, it is hereby
ORDERED that Defendant’s Motion in Limine to Exclude Evidence Related to Plaintiff’s New Damage Calculations is GRANTED.
/s/ ____________________________ CLAUDE M. HILTON UNITED STATES DISTRICT JUDGE Alexandria, Virginia
October 17, 2005
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