Phyllis Schlafly Revocable Trust, et al. v. Anne Cori

Summary

The United States District Court for the Eastern District of Missouri grants Defendant Anne Cori’s motion for leave to disclose a rebuttal damages expert after the applicable expert-disclosure deadline. The court finds good cause for the delay, determines that the disclosure will not unfairly surprise or prejudice Plaintiffs or disrupt the litigation, and orders Cori to produce Ryan Clark’s expert report by April 24, 2026, with his deposition completed by May 8, 2026.

Holdings

1. Cori demonstrated good cause for the delay because Plaintiffs' pending request to add another damages expert created uncertainty about the scope of the damages testimony Cori would need to rebut, and the deadline expired before that request was resolved.
2. Allowing Clark's disclosure would not unfairly surprise or prejudice Plaintiffs and would not disrupt the orderly progression of the litigation because Plaintiffs knew Cori had retained a rebuttal expert and the proposed deadlines remained within the existing discovery timeline.
3. The importance of Clark's testimony outweighed Plaintiffs' concerns about the untimeliness because Clark would rebut Plaintiffs' only damages expert.

Questions Presented

1. Whether Cori established good cause or substantial justification for disclosing a rebuttal expert after the deadline in the case management order.
2. Whether permitting the late disclosure would cause unfair surprise, prejudice, or disruption to the litigation.
3. Whether the importance of the proposed rebuttal testimony warranted allowing the untimely disclosure.

Disposition

other