Henley

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 9 JOE HENLEY, as personal representative of the Estate of EVA JO HENLEY, Case No. 21-cv-04243-RS

Plaintiff,

ORDER DENYING MOTION FOR

v. RECONSIDERATION

SAFECO INSURANCE COMPANY OF

AMERICA,

14 Defendant. 15 On January 18, 2023, Defendant’s motion to preclude Plaintiff’s expert Butch Waldron1 from testifying at trial was granted. The order was premised on the fact that Plaintiff had failed to proffer an expert report, as required by Federal Rule of Civil Procedure 26(a)(2)(B), and thus preclusion, the “automatic sanction” under Rule 37, applied. Plaintiff was then granted leave to file a motion for reconsideration. In the motion, Plaintiff suggests that a less severe sanction than full preclusion is warranted in light of the fact that his entire case turns on Mr. Waldron’s testimony. Dkt. 59-1, at 2. The motion also states that Plaintiff’s counsel was both unfamiliar with Rule 26(a)(2)(B)’s disclosure requirement and was unaware that Defendant had…