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Bolin v. Delta Air Lines

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


April 11, 2007

NGOZI E. BOLIN, PLAINTIFF,
v.
DELTA AIR LINES, INC., ET AL., DEFENDANTS.

The opinion of the court was delivered by: VIKTOR V. Pohorelsky United States Magistrate Judge

ORDER

The plaintiff has moved by letter for an order precluding the defendants "from offering in its defense in this case any document now in its possession not disclosed or described in its Rule 26(a)(1)(B) Initial Disclosures." The plaintiff fails, however, to identify any deficiencies in the disclosures made by the defendant.*fn1 Moreover, since the defendants have a continuing duty to supplement initial disclosures, Fed. R. Civ. P. 26(e)(1), which of course implies that they must have the opportunity to do so, any order precluding the defendants from using information and documents hereafter disclosed would be entirely unwarranted. Of course, if the defendants seek to use information during discovery or at trial which should have been disclosed in their initial disclosures or in response to discovery requests, appropriate remedies including preclusion may be fashioned to prevent injustice. The plaintiff's motion is utterly devoid of any justification for any remedies at this point. Accordingly, it is DENIED.

SO ORDERED.


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