Nuwer v. FCA U.S. LLC
| Docket Number | 20-60432-CIV-SINGHAL |
| Decision Date | 15 January 2024 |
| Parties | JASON NUWER, et al., Plaintiffs, v. FCA U.S. LLC f/k/a CHRYSLER GROUP LLC, Defendant. |
| Court | U.S. District Court — Southern District of Florida |
THIS CAUSE is before the Court on Defendant's Motion to Strike Plaintiff's Second Round of Late-Disclosed Fact Witnesses (DE [301]). On January 9, 2024, Plaintiff disclosed two new fact witnesses: (1) an owner of a class vehicle whose AHR inadvertently deployed on December 6, 2023, and (2) an unidentified corporate representative of Rob Lambdin University Dodge. Defendant moves to strike both late-disclosed witnesses.
Plaintiff argues that he could not have disclosed the automobile owner earlier because her name was not disclosed until January 4, 2024, when Defendant made an updated disclosure. Plaintiff does not argue that Defendant delayed making this disclosure and, indeed, the disclosure could not be late because the incident occurred less than one month earlier. But Plaintiff does not establish a compelling need for this witness. If the First Amended Complaint (DE [10]) is correct, AHRs in Class Vehicles have been deploying throughout the course of this litigation and, presumably, will continue to deploy. Plaintiff has made no showing that this witness, whose AHR deployed in December 2023, should be permitted as a late-disclosed witness.
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Likewise, the subpoena to a corporate representative of a Dodge dealership is too late in coming. Plaintiff's Amended Complaint alleges that he purchased his vehicle from University Dodge and the dealership “operates as an agent of Chrysler.” (DE [10] ¶ 18). Defendant admitted that Rob Lambdin's University Dodge was authorized to sell FCA U.S. vehicles but denied the remaining allegations. (DE [60] ¶ 18). No discovery was taken on the agency issue. Plaintiff cannot “spring” a new witness at this late date.
Accordingly, it is hereby
ORDERED AND ADJUDGED that Defendant's Motion to Strike Plaintiff's Second Round of Late-Disclosed Fact Witnesses (DE [301]) is GRANTED.
DONE AND ORDERED.
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