Elizabeth Grewal v. Amit Choudhury
Opinion
Opinion
MEMORANDUM
Amit Choudhury appeals pro se from the district court’s judgment, following a four-day jury trial, in favor of Elizabeth Grewal in her diversity action alleging various claims connected with a promissory note. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.
The district court did not abuse its discretion by excluding belatedly produced documents from use at trial. See Yeti by Molly, Ltd. v. Deckers Outdoor Corp., 259 F.3d 1101, 1105-06 (9th Cir.2001) (reviewing for an abuse of discretion the district court’s decision to exclude evidence as a discovery sanction and explaining that Fed.R.Civ.P. 37 requires the exclusion of evidence unless the failure to disclose was substantially justified and harmless).
The admission of expert testimony was not plain error because it aided the jury in calculating damages. See Scott v. Ross, 140 F.3d 1275, 1285 (9th Cir.1998) (reviewing for plain error the admission of expert testimony where party fails to renew objection at trial and explaining that Fed. R.Evid. 702 allows for “testimony that will aid the trier of fact in understanding the evidence or determining a fact in issue”).