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S.D.N.Y.Procedural orderFiled Apr. 14, 2023

Moran v. MTA Metro-North Railroad Company

Judge
Analisa Torres
Docket
1:19-cv-03079
Court
U.S. District Court · Southern District of New York
Pages
1
DiscoveryEvidenceCivil Procedure
In one sentence

In Moran v. MTA Metro-North Railroad, Judge Torres granted requests about two witnesses and barred Moran from using late-disclosed job-search documents.

Who this affects

The order affected Plaintiff’s ability to use late-disclosed job-search documents and set how Plaintiff and Defendants could present testimony from Dr. Kenneth Kramer and Dr. Marina Zatman at trial.

What happened

In Moran v. MTA Metro-North Railroad Company, the court ruled on the parties’ requests about evidence and witness testimony before trial.

The court allowed Plaintiff to present Dr. Kenneth Kramer’s videotaped deposition testimony and allowed Defendants to present Dr. Marina Zatman’s testimony remotely while she testified live. The court also granted Defendants’ request to prevent Plaintiff from using documents about his job searches that Plaintiff disclosed less than a week before trial.

Judge Analisa Torres ruled that Plaintiff had not timely disclosed the job-search documents, that the delay was not substantially justified or harmless, and that using them would prejudice Defendants at trial.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Moran v. MTA Metro-North Railroad Company · No. 1:19-cv-03079
Judge
Analisa Torres
Date
Apr. 14, 2023

Background

The court reviewed letters submitted by the parties concerning trial evidence and witness testimony.

Rulings

The court granted Plaintiff’s request to present Dr. Kenneth Kramer’s videotaped deposition testimony at trial.

The court granted Defendants’ request to present Dr. Marina Zatman’s testimony through remote, live transmission.

The court also granted Defendants’ motion to prevent Plaintiff from using documents first disclosed on April 12, 2023. Defendants had requested documents concerning Plaintiff’s efforts to obtain employment after August 4, 2017, on November 29, 2019. Plaintiff did not disclose the documents until less than a week before trial. Applying Federal Rule of Civil Procedure 37(c), the court found that Plaintiff’s failure to disclose the documents on time was not substantially justified or harmless and that allowing their use would prejudice Defendants at trial. Plaintiff therefore could not use or refer to those documents at trial.

Effect of the Order

The order addressed trial presentation and the use of evidence. It did not decide the parties’ underlying claims.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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