Bone Care Int’l, LLC v. Pentech Pharma., Inc., No. 08 C 1083, Slip Op. (N.D. Ill. Jul. 16, 2010) (Ashman, Mag. J.).
Judge Ashman granted plaintiffs’ motion to strike defendants’ late-filed expert declaration. The Court previously held that discovery in this case was long closed and that "enough [was] enough." The Court, therefore, granted the motion to strike defendants’ expert declaration filed with a Daubert motion for three reasons:
- The Court’s February 9, 2010 Order holding that "enough [was] enough" regarding discovery was still in effect.
- Plaintiff would suffer prejudice from defendants’ late-filed expert declaration with trial "looming."
- Defendants had the information required in December 2009, before discovery closed.