Van Osten v. Home Depot, U.S.A., Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 DENISE VAN OSTEN, Case No.: 19CV2106 CAB (BGS)

Plaintiff,

ORDER ON DISCOVERY DISPUTE

v. [ECF 48] HOME DEPOT, U.S.A., INC., Defendant. 15 I. INTRODUCTION Pursuant to the Court’s briefing Order (Doc. 47) Defendant Home Depot filed a motion to exclude Plaintiff’s expert witnesses. Plaintiff Denise Van Osten did not file a motion based on any of the issues identified in the parties’ letters. (Doc. 47 at 5 n.6). The Plaintiff filed a response to Defendant’s motion. (Doc. 48).1 II. STANDARD OF REVIEW If a party fails to make the required disclosures under Rule 26(a), i.e. expert witness designations/disclosures, the party generally will not be permitted to use the information not properly provided unless the failure was substantially justified or harmless. Yeti by Molly Ltd. v. Deckers Outdoor Corp., 259 F.3d 1101, 1106 (9th Cir. 26 27 1 The Court will not summarize the parties’ arguments, rather will address them in its 28…