Replies to post #73301 on UnifiedOnline Inc fka UOIP

[Iamwar19k]

Good find and read. I wish every pacer was this clear!!!!

[faqt]

I really enjoyed this part:

"B. The Pennypack Factors Do Not Support Exclusion"

Reminds me of Pennypacker on Seinfeld;

(Skip to 1:30)


Long UOIP

[Mic ll]

Interesting read.
Stall tactics are in play in the face of written law,


Rule of Civil Procedure 37(c)(1) provides, "If a party fails to provide information... as required by Rule 26(a) or (e), the party is not allowed to use that information . . . to supply evidence on a motion, at a hearing, or at trial, unless the failure was substantially justified or is harmless." To determine whether a failure to disclose was harmless, courts in the Third Circuit consider the Pennypack factors: (1) the prejudice or surprise to the party against whom the evidence is offered; (2) the possibility of curing the prejudice; (3) the potential disruption of an orderly and efficient trial; (4)

[Gm1850]

How do you know that this is
"Summary judgment and Daubert” on 11/25/2019? I can’t find pacer link for it .

[BrokeAgent]

I think you're right Scruff; the "loose ends" is the Daubert Hearing. The parties will list their expert witnesses, evidence, objections, etc. at the pre-trial hearing. The contested claims need to be settled before the Pre-trial hearing, or at the Pre-trial hearing. Anything that is not listed at the Pre-trial hearing will not be allowed at trial.