Matthew C. McKinnon v. Terry Redden, J. Canterberry, Koen, Salinka, Albright, Lopez

McKinnon · United States District Court for the Northern District of Indiana, South Bend Division · December 3, 2025 · No. 3:21-CV-573 JD

Summary

The United States District Court for the Northern District of Indiana denied Matthew C. McKinnon’s motion for sanctions under Federal Rule of Civil Procedure 16(f) based on Defendants’ ten-day delay in exchanging witness, exhibit, and contention lists. The court concluded that the delay was harmless, caused no unfair prejudice or likely trial disruption, and did not reflect bad faith or willfulness.

Holdings

  1. Sanctions, including exclusion of witnesses and exhibits, were not warranted because Defendants established that their ten-day disclosure violation was harmless.
  2. A violation of the scheduling order did not require the requested sanctions where the violation was harmless under Rule 37(c)(1).

Questions Presented

  1. Whether Defendants' ten-day violation of the scheduling order and Federal Rules of Civil Procedure 16 and 26 warranted sanctions under Rule 16(f), including exclusion of witnesses and exhibits under Rule 37(c)(1).
  2. Whether the late disclosures were substantially justified or harmless under Rule 37(c)(1).

Disposition

other

Cases Cited (3)

  • DR Distributors v. 21 Century Smoking, 513 F. Supp. 3d 839, 956 (N.D. Ill. 2021)(followed)
  • David v. Caterpillar, 324 F.3d 851, 857 (7th Cir. 2003)(followed)
  • Mid-Am. Tablewares, Inc. v. Mogi Trading Co., 100 F.3d 1353, 1363 (7th Cir. 1996)(followed)

Cited In (0)

No citing cases on record yet.

Court Document

Open PDF
Loading document…