Nuance Communications, Inc. v. International Business Machines Corporation
- Robreno
- 7:16-cv-05173
- U.S. District Court · Southern District of New York
- 2
In Nuance v. IBM, Judge Robreno denied Nuance’s motion to strike testimony and granted leave to depose the witness.
Nuance’s motion was denied, but Nuance was allowed to depose IBM witness Thomas J. Eggebraaten before his live testimony.
What happened
Nuance Communications, Inc. asked the court to strike testimony from IBM witness Thomas J. Eggebraaten, alleging IBM violated disclosure rules. IBM opposed the motion.
The court concluded that any disclosure violation was harmless because Nuance already knew about the subject of the testimony and could prepare by questioning Eggebraaten before his live testimony.
Judge Eduardo C. Robreno denied Nuance’s motion to strike and granted Nuance leave to depose Eggebraaten.
The detailed version
- Nuance Communications, Inc. v. International Business Machines Corporation · No. 7:16-cv-05173
- Robreno
- Feb. 13, 2020
Background
Nuance moved to strike the testimony of IBM witness Thomas J. Eggebraaten, arguing that IBM improperly disclosed the witness under Federal Rule of Civil Procedure 26. IBM opposed the motion.
Court’s analysis
The court explained that Federal Rule of Civil Procedure 37 permits exclusion of testimony from a witness who was not properly disclosed unless the failure was substantially justified or harmless. The court found the alleged violation harmless. Nuance knew IBM would present evidence, including testimony, about the subject of Eggebraaten’s testimony. Nuance also would have an opportunity to depose him weeks before his live testimony, allowing Nuance to prepare and avoiding prejudice from the timing of IBM’s disclosure.
Ruling
The court denied Nuance’s Motion to Strike Improper Testimony of Thomas J. Eggebraaten. It also granted Nuance leave to depose Eggebraaten. This was a discovery and evidence ruling; the order did not decide the underlying claims in the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.