Motion to Strike "Errata Sheets" to Deposition Testimony Granted Where Plaintiff's Expert Witnesses Changed Answers from "No" to "Yes"
In this patent infringement action, the defendant filed a motion to strike the "errata sheets" to deposition testimony of two of plaintiffs' expert witnesses, Neill Luebke and Robert Sinclair. The plaintiff opposed the motion to strike.
As explained by the district court, "[t]here is an old joke that only lawyers and house painters can change black to white, and vise versa. In a sense, that is the situation this motion presents. Defendant complains that the plaintiffs' witnesses Luebke and Sinclair submitted errata sheets regarding their respective depositions which starkly changed the substance of their testimonies. For example, in several instances, Sinclair changed his deposition answer from 'no' to 'yes.' In other places, a somewhat tenuous answer of, 'I believe not,' was changed to a dogmatic and emphatic 'yes.' Similarly, Luebke changed, 'I don't believe so,' to 'yes,' and 'At the present time, I have not,' to 'Yes.' And there are other examples."