He has allowed specific corrections but refused late changes that restart preparation
Justice D’Auguste kept claims alive when a specific correction fixed the problem. He allowed further questioning about new evidence, but resisted late changes that would restart completed preparation.
Preparation point
Explain the exact fix and how the opponent can respond without starting case preparation again.
How it played outSituation, action, outcome
- The situation
- A party proposed fixing a filing or disclosure problem.
- What he did
- He allowed a limited fix and time for the opponent to respond.
- What made a difference
- Late changes still failed when they reopened completed work or did not state a valid claim.
In his words1 quote
“the Court cannot disregard its decision merely because plaintiff engaged in inartful and incomplete editing.”
Wilder v Fresenius Med. Care Holdings, Inc., printed p. 3. Written ruling.
In the cited cases6 rulings
In Wilder, he required a corrected complaint instead of dismissing it. In Sellup, the lawyer explained the changes, so he excused the missing marked-up copy.
Muhammad’s case was restored after the required material was supplied. Castellotti allowed further questioning about new recordings and texts. Bayer rejected the late expansion.