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Padgett v. Loventhal

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


May 1, 2009

JOSEPH PADGETT AND DARLA PADGETT, PLAINTIFFS,
v.
BRIAN LOVENTHAL, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Judge: Hon. James Ware

[PROPOSED] ORDER GRANTING DEFENDANTS BRIAN LOVENTHAL AND DENYING A. CURTIS WRIGHT'S MOTION TO EXCLUDE PLAINTIFFS' TRIAL

Trial Date: April 30, 2009

Trial Time: 9:00 a.m.

Before this Court is defendants BRIAN LOVENTHAL and A. CURTIS WRIGHT's (hereinafter, collectively "defendants") motion for an order excluding plaintiffs' trial exhibits 20 because plaintiffs refuse to provide copies of the documents they intend to use at trial and 21 apparently intend to submit documents that were not disclosed during discovery.

At IT IS HEREBY ORDERED THAT this eleventh hour before the trial, and plaintiffs' refusal to provi Plaintiffs having no opportunity de copies of their trial to reply to the exhibits warrants the exclusion of charges contained in Defendants' Motion, those exhibits pursuant to in vi the Court DENIES the olation of Federal Rules of Civil Motion without prejudice to be renewed. Defendants are invited to bring to the Court's attention any particular objections re:

Procedure 26 (a), 26(e) and 37(c); Civil Local Rule exhibits at trial. 16-10(b)(7), this Court's pretrial orders and this Court's inherent authority.

20090501

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