Punishing a lawyer for his procrastination, a federal judge has barred the plaintiff in a contract case from presenting any evidence of damages — effectively dismissing the case — because its lawyer failed to provide a damages calculation to the defense lawyer until the eve of trial.
“Plaintiff’s utter failure to provide defendant with a damages calculation until the eve of trial is inexcusable, particularly in light of the repeated requests by defendant, orders of this court, and the excessive length of time provided for discovery in this case,” U.S. District Judge Herbert J. Hutton wrote in Ware Communications Inc. v. Rodale Press Inc.
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