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Nationwide Mutual Insurance Co. v. Baptist

United States District Court, Fifth Circuit

June 20, 2013

NATIONWIDE MUTUAL INSURANCE COMPANY, Plaintiffs,
v.
FRED L. AND DEBBIE BAPTIST; THE BANK OF NEW YORK MELLON, FORMERLY KNOWN AS THE BANK OF NEW YORK; BANK OF AMERICA; WILSHIRE CREDIT CORPORATION; AND JOHN DOES A-C, Defendants.

ORDER

JANE M. VIRDEN, Magistrate Judge.

This matter is before the court on motion of the defendants, Fred and Debbie Baptist, to strike plaintiff's notice of supplemental pre-discovery disclosures of core information (#37). For the reasons articulated by plaintiff's counsel in response to the motion - to include the fact that it would certainly appear that initial disclosures were, in fact, made by plaintiff and the fact that defendants never propounded any discovery at all to plaintiff - the court does not find the motion to strike the notice of supplemental disclosure to be well taken. This is particularly so in view of these defendants own rather abbreviated and generic initial disclosures (#17). Finally, as relates to the admissibility of any particular evidentiary item, the same should be addressed via an appropriate motion in limine or otherwise at trial.

IT IS, THEREFORE, ORDERED that the Defendants' motions to strike (#37) is hereby DENIED.

SO ORDERED.


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