Eco Electrical Systems, LLC v. Reliaguard Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
ECO ELECTRICAL SYSTEMS, LLC, Plaintiff, No. C 20-00444 WHA
v.
RELIAGUARD INC., et al., MEMORANDUM OPINION ON
SUPPLEMENTATION
Defendants.
15 Supplementation under FRCP 26(e) is designed to allow parties to correct mistakes and misleading omissions in previously submitted disclosures and responses. It is not a new opportunity to submit a completely revamped expert report. See Avila v. Willits Env’t Remediation Tr., 633 F.3d 828, 836 (9th Cir. 2011). Rule 26(e) “does not give license to sandbag one’s opponent with claims and issues which should have been included in the expert witness’ report (indeed, the lawsuit from the outset),” and allowing supplementary reports to preliminary reports means “there would be no finality to expert reports.” Mariscal v. Graco, Inc., 52 F. Supp. 3d 973, 983–84 (N.D. Cal. 2014) (Judge Thelton E. Henderson) (citation omitted). This is why the case management order delineated the process through which all…