ADDITIONAL CASES Marist College, Plaintiff-Intervenor, v. Universal Concrete Products, Inc., Defendant DECISION AND ORDER INTRODUCTION Ajury trial is scheduled to commence in this matter on July 11, 2022. As part of the pretrial filings, defendant Universal Concrete Products, Inc. (“UCP”) filed a motion in limine to preclude plaintiff The Pike Company, Inc. (“Pike”) from seeking recovery for a previously undisclosed category of damages (and amending its exhibit list to include previously undisclosed documents). (Dkt. 126). At an appearance held on June 17, 2022, the Court indicated that UCP’s motion was granted to the extent it sought to preclude Pike from seeking recovery of the previously undisclosed damages of “Fees Associated with Lien Bonds” and to the extent it sought to preclude Pike from amending its exhibit list to include documents related to this category of damages.1 This Decision and Order memorializes the Court’s reasoning. BACKGROUND Pike commenced this action against UCP based upon disputes relating to the construction of dormitory buildings on the campus of Plaintiff-Intervenor Marist College (“Marist”). The action was commenced in New York State Supreme Court on May 4, 2017, and the action was removed to this Court on the basis of diversity jurisdiction on June 9, 2017. (Dkt. 1). Discovery proceeded pursuant to various scheduling orders between March 2018 and October 2019. (Dkt. 40; Dkt. 44; Dkt. 46; Dkt. 47; Dkt. 52; Dkt. 53; Dkt. 54; Dkt. 63). A jury trial is scheduled to commence on July 11, 2022, having been adjourned from the originally scheduled date of May 16, 2022, due to a conflict with the Court’s criminal calendar. (Dkt. 136). In anticipation of the trial, the Court issued a Pretrial Order on August 31, 2021, setting forth various deadlines for pretrial filings, including a March 11, 2022, deadline for each party to file an itemized statement of the damages sought. (Dkt. 100). Pike filed its itemized list of damages by that deadline and included a category of damages as “Unpaid UCP Vendors” in the amount of $580,855.00, broken down as follows: PRSUS $ 250,874.00 Deiner Brick $ 83,156.00 Herb Speck Masonry $ 143,719.00 FRRT10-Trucking $ 103,106.00 Total $ 580,855.00 (Dkt. 108-3). Subsequent to that filing, counsel for UCP informed Pike’s counsel that the above-referenced category of damages was not recoverable because some or all of the liens had lapsed. (See Dkt. 126-2 at
