Assurance Co. of America v. National Fire & Marine Insurance

MEMORANDUM

This appeal arises from Plaintiffs-Appellants’ (“Zurich”) claim for equitable contribution against National Fire & Marine Insurance Company. Zurich appeals several of the district court’s evidentiary rulings, as well as its decision to grant National Fire’s motion for judgment on partial findings. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm the district court’s decisions and judgment.

1. The district court properly denied Zurich’s motion to amend its exhibit list. Zurich failed to demonstrate any manifest injustice or good cause for its late request to amend the list. See Fed. R.Civ-P. 16(e); D. Nev. R. 16-3(d). The only reason Zurich provided for its late request was inadvertence. According to its own brief, the exhibits it wanted to add “did not alter or impact the damages sought, but simply corroborated the sums requested.”

2. The district court properly excluded an exhibit that Zurich failed to produce during discovery. “If a party ... fails to obey an order to provide or permit discovery,” the district court “may issue further just orders,” including “prohibiting the disobedient party ... from introducing designated matters in evidence.” Fed.…