Underpinning & Foundation Skanska, Inc. v. Travelers Casualty & Surety Co. of America

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• excluding documents not produced during discovery because “[d]iscovery is now closed...and Plaintiff did not have an opportunity to depose Mr. van Leeuwen about these documents.”
• precluding undisclosed evidence where no explanation for failure provided, discovery closed in three-year old litigation, opposing party did not have opportunity to depose witness on evidence, and opposing party was prejudiced
• refusing to consider documents on summary judgment motion that were not produced during discovery
• “The purpose of [Rule 37(c)(1)] is to prevent ‘sandbagging’ an opposing party with new evidence.” (citation omitted)
• “Discovery is now closed in this three- [here, five-]year old litigation, and [MLBAM] did not have an opportunity to depose Mr. [Deutmeyer] about these documents.”

Source: CourtListener parenthetical corpus (CC0).