Patricia McBreairty, as Personal Representative of the Estate of Shawn McBreairty v. Brewer School Department, et al.

Summary

The United States District Court for the District of Maine denies defendants’ motion in limine to exclude evidence of compensatory damages under Federal Rule of Civil Procedure 37(c)(1). Although plaintiff failed to provide timely and adequate Rule 26(a) disclosures, the court concludes that excluding six of thirteen proposed witnesses was a sufficient sanction, that a complete exclusion of compensatory-damages evidence could effectively dismiss the case, and that defendants had actual or implicit notice of the damages evidence. The order addresses claims arising from alleged First Amendment retaliation involving a published article about a school restroom policy.

Holdings

1. Exclusion of all evidence of compensatory damages was not warranted under Rule 37(c)(1) because defendants knew or should have known from the complaint and motion practice that plaintiff sought damages for emotional distress, and the circumstances did not justify a sanction tantamount to dismissal.
2. Excluding six of plaintiff's thirteen proposed witnesses was sufficient to sanction the untimely initial disclosures; a further sanction excluding all compensatory-damages evidence was not justified.

Questions Presented

1. Whether plaintiff's failure to timely disclose a computation of compensatory damages under Federal Rule of Civil Procedure 26(a)(1)(A)(iii) required exclusion of all compensatory-damages evidence under Rule 37(c)(1).
2. Whether exclusion was warranted where defendants had actual or constructive notice from the complaint and subsequent litigation that plaintiff sought damages for emotional distress.
3. Whether exclusion was an excessive sanction because it would effectively dismiss or defeat the practical viability of the damages claims.

Disposition

denied