Opal Financial Group Inc. v. Opalesque Ltd.
A court can order the parties' attorneys to provide copies of exhibits or, if an exhibit cannot be copied, to physically produce the exhibit. The plaintiff sued the defendants, alleging trademark infringement. The defendants moved to exclude any documents that the plaintiff failed to identify in a joint trial memo or to produce during discovery. The plaintiff objected that the plaintiff complied with local rules of discovery and that the defendants should have complained sooner, if unhappy with the plaintiff's compliance. The court found that the plaintiff's attorney provided assurances that the plaintiff would provide greater identification of exhibits. "The record makes it plain," wrote the court, "that Plaintiff and its counsel have failed or refused to make sufficiently detailed identifications of the documents Plaintiff intends to introduce during its case in chief." The court rejected the defendants' request to exclude documents from being used as evidence at trial. The court ordered the parties' attorneys to provide copies of exhibits, on or before Feb. 1, 2013. If an exhibit cannot be copied, it must be physically produced. Copies of exhibits must be submitted to the court clerk, on or before Feb. 22.