Johnson v. Rush Enterprises, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 WILLIAM LEE JOHNSON, et al., Case No. 1:19-cv-00105-SAB
Plaintiffs, ORDER RE EXCLUSION OF MOMENTUM’S
RETRIEVAL DAMAGES
v. (ECF Nos. 280, 285) NATURAL GAS FUEL SYSTEMS, INC.
D.B.A. MOMENTUM FUEL
TECHNOLOGY, et al., Defendants.
16 I. INTRODUCTION Currently before the Court is Defendant Carleton Technologies, Inc.’s (“Cobham”) request that the Court preclude evidence of damages incurred by Natural Gas Fuel Systems, Inc. d.b.a. Momentum Fuel Technology (“Momentum”) relating to Momentum’s recall of Cobham cylinders due to Momentum’s failure to disclose such damages in its Rule 26 disclosures. Based upon the briefs submitted by the parties, as well as the Court’s record, for the reasons explained herein, the Court finds Momentum’s violation of Rule 26 warrants the sanction of precluding evidence at trial regarding the damages associated with Momentum’s retrieval of Cobham’s cylinders (“retrieval 26 …