I have wondered about that since ruling was made by C. D. Cal. judge. An early amendment to complaint would have sufficed to correlate pleadings with discovery.
Peregrine did hire the Best Lawyers in the Universe; therefore, if there was a mistake, I am fairly certain that the pleading was "Sabotaged". That is the only explanation which makes sense.
Maybe JB moonlights as a lawyer when she is not "sabotaging" Clinical Trials.
It is amazing how anything that can go wrong goes wrong with Peregrine Pharmaceuticals. It is also even more amazing that Peregrine Management is never at fault or responsible for any of the stumbles, faults and or issues.