John Moses v. Wayfair LLC, et al.

Summary

The court denied pro se Plaintiff John Moses’s motion to preclude evidence obtained or disclosed after the close of discovery in his employment-discrimination action against Wayfair LLC and individual defendants. The court found good cause to permit consideration of T-Mobile phone records because they were highly relevant, the delay resulted from an inadvertent mistake and issues concerning Plaintiff’s production, and Plaintiff identified no specific prejudice. The court declined to strike other exhibits from the proposed pretrial order, preserving Plaintiff’s objections for a possible motion in limine.

Holdings

1. Good cause existed under Rule 16 to permit the T-Mobile records despite the untimely renewed subpoena and late production.
2. The court denied Plaintiff's request to strike the exhibits because Rule 16 did not provide grounds for that relief, Plaintiff had received relevant excerpts during discovery, and Plaintiff identified no specific prejudice.
3. Plaintiff's objections to the admission of the exhibits were preserved and could be raised through a motion in limine directed to the trial judge.

Questions Presented

1. Whether good cause existed under Federal Rule of Civil Procedure 16 to permit use of T-Mobile phone records obtained through a renewed subpoena after discovery closed.
2. Whether the court should strike exhibits listed in the proposed joint pretrial order because they allegedly were not disclosed or produced in their entirety before the close of discovery.
3. Whether Plaintiff's evidentiary objections to the exhibits were properly resolved through the present motion or should be raised through a motion in limine.

Disposition

other