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Evans v. Sears Logistics Services

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 13, 2010

RANDOLPH EVANS, PLAINTIFF,
v.
SEARS LOGISTICS SERVICES, INC.; SEARS, ROEBUCK & CO.; SEARS HOLDINGS CORP. DEFENDANTS.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

ORDER REGARDING FINANCIAL CONDITION DOCUMENTS AND WITNESSES

This matter having come before the Court upon the stipulation of the parties,

IT IS HEREBY ORDERED that

1. Defendants Sears Logistics Services, Inc., Sears, Roebuck & Co., and Sears Holdings Corp. shall not be required, through discovery or otherwise, to produce any documents or information about their financial condition unless and until there has been a finding by the fact finder in this case of malice, oppression or fraud in the first phase of trial sufficient to support a claim for punitive damages;

2. Upon a finding by the trier of fact of fraud, malice or oppression sufficient to support a claim for punitive damages against any defendant, the defendant against whom such a finding is made will make available to plaintiff, within the time frame and to the extent ordered by the Court, the documents and witnesses necessary to establish defendant's net worth and/or financial condition so that such may be presented during the punitive damages phase of the trial.

IT IS SO ORDERED.

20100913

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