Hall v. Trisun, 2006 U.S. Dist. LEXIS 45676 (D. Tex. 2006)

Defendant sought dismissal of Plaintiff’s case due to plaintiff’s failure to file an expert report within 120 days as provided in the Texas statute. The magistrate recommended denial of Defendant’s motion. The magistrate found that the Texas disclosure rule was a discovery rule and that in a diversity case, the federal rules of discovery applied.

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