the hour was late....?
From the docket, I dug out the 2013 filings that cover the MDL dispute over the inclusion of Michael Barr's Supplementary Report in which he describes the Full Throttle Bug as a cause of SUA. In brief, plaintiffs said that this report elucidated an existing defect theory while Toyota claimed it was a new theory, too late in the schedule to introduce.
I posted on this general topic already, in the post "for want of a nail" that quoted from a later court opinion in which it was clear that testimony on the Full Throttle Bug would be excluded.
Maybe tomorrow I will see and will try to post the court's ruling on the lateness itself in response to these filings.
Here is the link to the filed documents from both sides. Among other things, the plaintiffs offer some glimpses into the original Barr report itself, which no one outside the MDL inner circle has ever seen in its entirety. Plaintiffs counsel Todd Walberg's interactions with vicious and tricky defense counsel Joel Smith are also illuminating about what was really going on at that time.