The defendant in a certified class action moved for partial summary judgment and sought leave under Rule 39.02 to admit an expert psychiatric report obtained after the representative plaintiff was cross-examined on her affidavits.
The plaintiff objected, arguing the defendant split its case and failed to comply with the court-ordered timetable.
The court dismissed the motion for leave, finding the defendant provided no adequate explanation for failing to obtain the evidence earlier and that admitting the late report would cause non-compensable prejudice to the plaintiff given the agreed-upon timetable.
