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UNITED STATES DISTRICT COURT FOR THE 

NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

________________________________________________________________________ 

LUELLA PEHLKE, Individually and as 

Special Administrator of the Estate of 

FRANK PEHLKE, Deceased, 

 Case No.: 12−cv−00596 

Plaintiff, 

Honorable Virginia M. Kendall 

v. 

CBS Corporation, 

 

Defendant. 

________________________________________________________________________ 

Motion to Strike Untimely 26a(1) and (2) Disclosures 

______________________________________________________________________________ 

 Plaintiff moves this Court to strike CBS’s May 20, 2016 Rule 26(a)(1) and (2) 

disclosures as untimely. 

This Court by minute order entered on February 10, 2016, set an April 1, 2016 “deadline 

by which parties may amend disclosures and reports under Federal Rule of Civil Procedure 

26(a)(2).” (ECF Doc #38.) The February 10 order also specified: “Amendments may not add 

new or additional expert opinions.” (ECF Doc #38.) 

Plaintiff timely made Rule 26(a)(2) supplemental disclosures on April 1, 2016. (Ex.1.) 

Fifty days after the court ordered deadline, CBS on May 20, 2016, disclosed documents to 

Plaintiff purporting to amend and supplement “Rule 26(a)(1) and 26(a)(2) disclosures.” (Exs. 2-

5.) 

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The untimely CBS filing included five new 26(a)(2) witnesses1 and 16 supplemental 

pages added to the original 22 page report by industrial hygienist Kyle Dotson. (Cf. Ex 4 and 5 

v. Ex 2 and 3.) The untimely filing also violates other terms in the February 10 order. Pursuant 

to Rule 16(b)(4) of the Federal Rules of Civil Procedure, a scheduling order “may be modified 

only for good cause and with the judge’s consent.” CBS filed no motion to modify or show good 

cause. 

Before filing this motion, Plaintiff requested by email that CBS withdraw the May 20, 

2016 Rule 26(a) disclosures as untimely. No response has been received. 

Relief Requested 

This Court should strike CBS’s May 20, 2016, Rule 26 disclosures. 

Dated: May 27, 2016 

_/s/ Daniel B. Hausman___________ 

Attorney for Plaintiff 

Daniel B. Hausman 

Robert G. McCoy 

Cascino Vaughan Law Offices, Ltd. 

220 South Ashland Ave. 

Chicago, IL 60607 

(312) 944-0600 

(312) 944-1870 (fax) 

dhausman@cvlo.com 

 

 

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 The same five witnesses were also newly disclosed as Rule 26(a)(1) witnesses although the court order made no 

provision for adding Rule 26(a)(1) witnesses. 

Case: 1:12-cv-00596 Document #: 51 Filed: 05/27/16 Page 2 of 3 PageID #:291
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Certificate of Service

I hereby certify that on May 27, 2016, I caused the forgoing to be electronically filed with 

the United States District Court for the Northern District of Illinois using the CM/ECF system 

which will automatically send all necessary notifications of this filing to CM/ECF participants in 

this case. 

Dated: May 27, 2016 

_/s/ Daniel B. Hausman___________ 

Attorney for Plaintiff 

Daniel B. Hausman 

Cascino Vaughan Law Offices, Ltd. 

220 South Ashland Ave. 

Chicago, IL 60607 

(312) 944-0600 

(312) 944-1870 (fax) 

dhausman@cvlo.com 

Case: 1:12-cv-00596 Document #: 51 Filed: 05/27/16 Page 3 of 3 PageID #:292