Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Judge Furman: Preclusion Too “Drastic” for Witness Omitted From Rule 26 Disclosures Absent Prejudice

By Julie Lascano on March 7, 2025
Email this postTweet this postLike this postShare this post on LinkedIn

On Wednesday, Judge Furman ruled on several motions in limine for an upcoming bench trial, including denying a motion to preclude the testimony of a fact witness that defendants had failed to include, without justification, in their Rule 26 disclosures.

The Court explained that preclusion was too “drastic” for this case, where there was no prejudice to the plaintiff:

[T]he Court declines to adopt the “drastic remedy” of preclusion, primarily because, in the circumstances of this case — a bench trial in which the parties were required weeks ago to submit the direct testimony of their witnesses by declaration — [plaintiff] cannot demonstrate prejudice. In any event, if any prejudice did exist, it is mitigated by permitting [plaintiff] to take [the witness’s] deposition pretrial, which the Court now orders. Accordingly, motion in limine #3 is DENIED on the condition that [the witness] is made available for a deposition before trial on a date reasonably selected by [plaintiff’s] counsel. In light of Defendants’ violation of Rule 26, Defendants shall pay the reasonable costs (but not attorney’s fees) associated with the deposition.

Photo of Julie Lascano Julie Lascano

Julie Wilson Lascano maintains a broad-based commercial litigation practice, representing public and private companies in all stages of litigation before state and federal courts. Her varied experience includes antitrust, IP, employment, product liability, and civil class action matters, as well as internal investigations…

Julie Wilson Lascano maintains a broad-based commercial litigation practice, representing public and private companies in all stages of litigation before state and federal courts. Her varied experience includes antitrust, IP, employment, product liability, and civil class action matters, as well as internal investigations and post-investigation compliance. Julie has represented clients across a broad array of industries, including in the financial services, logistics and energy sectors.

Active in her pro bono practice, Julie has represented clients in domestic violence, criminal justice, LGBTQ+, and housing matters, including a successful claim against a landlord that resulted in significant housing repairs for her client. During law school, she also participated in Texas Law’s Environmental Clinic.

Read more about Julie LascanoEmail
Show more Show less
  • Posted in:
    E-Discovery
  • Blog:
    SDNY Blog
  • Organization:
    Steptoe LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo