Toyrrific

MEMORANDUM

Toyrrific, LLC appeals the district court’s order excluding damages evidence as a sanction pursuant to Federal Rule of Civil Procedure 37(c)(1) and granting summary judgment in favor of Defendants Ed-vin Karapetian, Edward Minasyan, Lena Amerkhanian, and Edo Trading, Inc. (“Ap-pellees”). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse and remand.

1. The district court did not err in concluding that Toyrrific failed to meet all of its initial disclosure obligations under Federal Rule of Civil Procedure 26(a)(1 )(A)(iii). See R & R Sails, Inc. v. Ins. Co. of Penn., 673 F.3d 1240, 1246 (9th Cir.2012). Rule 26(a)(1)(A)(iii) requires parties to produce “a computation of each category of damages claimed” and to “make available for inspection and copying ... the documents ... on which each computation is based” without awaiting a discovery request. Toyrrific did neither. Rule 26(a)(1)(A) disclosures must be made “without awaiting a discovery request,” so it is irrelevant whether Appellees sought the information by interrogatory or failed to move to compel disclosure.

2. However, the district court erred as a matter of law by excluding the damages evidence…