Garcia v. 1239 Food Corp.
- Lewis Liman
- 1:22-cv-01009
- U.S. District Court · Southern District of New York
- 1
In Garcia v. 1239 Food Corp., Judge Liman granted Garcia’s motion and excluded Defendant’s Exhibit 7 from trial after missed deadlines.
The ruling affects both parties at trial: Plaintiff obtained exclusion of Defendant’s Exhibit 7, and Defendant may not introduce that exhibit at trial.
What happened
In Garcia v. 1239 Food Corp., the plaintiff asked the court to exclude the defendant’s Exhibit 7 from trial. The plaintiff filed the motion on January 15, 2024.
The court ordered the defendant to respond by 2:00 p.m. the following day, but the defendant did not respond. Although the court later allowed the defendant to submit Exhibit 7 by 7:00 p.m. on January 17 if it intended to use the exhibit at trial, the defendant again missed the deadline.
Because of the defendant’s repeated failure to meet the court’s deadlines, Judge Lewis J. Liman treated the motion as unopposed, granted it, and excluded Exhibit 7 from trial.
The detailed version
- Garcia v. 1239 Food Corp. · No. 1:22-cv-01009
- Lewis Liman
- Jan. 17, 2024
Background
Plaintiff moved to exclude Defendant’s Exhibit 7 from trial on January 15, 2024. The court ordered Defendant to respond by 2:00 p.m. the following day. Defendant did not submit a response by that deadline.
At Defendant’s request, the court allowed Defendant to submit a copy of Exhibit 7 by 7:00 p.m. on January 17, 2024, if Defendant intended to introduce the exhibit at trial. Defendant did not meet that deadline either.
Ruling
The court treated Plaintiff’s motion as unopposed because of Defendant’s repeated disregard of the court-ordered deadlines. Judge Lewis J. Liman granted Plaintiff’s motion and excluded Defendant’s Exhibit 7 from trial.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.