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CUNNINGHAM CHARTER CORP. v. LEARJET, INC.

No. 07-233-DRH.

CUNNINGHAM CHARTER CORP., Plaintiff, v. LEARJET INC., Defendant.

United States District Court, S.D. Illinois.

July 12, 2012.

Attorney(s) appearing for the Case

Cunningham Charter Corporation, on behalf of itself and all others similarly situated, Plaintiff, represented by James F. Bennett , Dowd Bennett LLP, Edward L. Dowd, Jr. , Dowd Bennett LLP, James E. Crowe, III , Dowd Bennett LLP, Jennifer S. Kingston , Dowd Bennett LLP, John D. Comerford , Dowd Bennett LLP & Robert F. Epperson , Dowd Bennett LLP.

Learjet, Inc., Defendant, represented by James C Sullivan , Polsinelli Shughart PC, Ron A. Sprague , Gendry & Sprague, P.C., Thomas R. Frenkel , Feirich, Mager et al., Edward Flanders , Pillsbury Winthrop LLP — New York & John A Fedun , Pillsbury Winthrop LLP — New York.

ORDER

DAVID R. HERNDON, Chief District Judge.

Before the Court is plaintiff Cunningham Charter Corporation's motion to strike the declaration of Charles Kitchens (Doc. 221). Plaintiff argues that because Kitchens was untimely disclosed in violation of Federal Rule of Civil Procedure 26(a) and 37(c), the Court should strike his declaration. The Court finds, however, that Kitchens' disclosure was not untimely as it is clear from Kitchens...

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