United States of America v. Vacante et al

Filing 192

ORDER RE MOTIONS IN LIMINE, signed by Judge Oliver W. Wanger on 6/7/2010. (Gaumnitz, R)

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1 2 3 4 5 6 7 8 9 10 11 12 13 On June 2, 2010, G. Patrick Jennings, counsel for the United States and Frank 14 Vacante, defendant, appeared by telephone to argue the pending motions in limine. (Doc. 15 No. 162, 163, 164, 166, 169, 173, and 175). For the reasons stated in Court; 16 IT IS HEREBY ORDERED THAT the decision on the cross-motions to admit or 17 exclude testimony from attorney Douglas Schultz is reserved for trial. 18 IT IS FURTHER ORDERED THAT, at the request of the United States, the United 19 States' motion to exclude evidence of the merits of the Form 941 tax liabilities of Central 20 Valley Insurance Services, Inc. is withdrawn. The United States may supplement its list of 21 exhibits with respect to this issue at trial if necessary. With respect to the Form 941 tax 22 liabilities of Instant Services, Inc., Frank Vacante may proffer evidence only as to whether 23 they have been fully paid. 24 IT IS FURTHER ORDERED THAT A. Nicastro will not testify as she has been 25 withdrawn by Frank Vacante as a proposed witness. 26 27 -1Defendants. v. FRANK A. VACANTE, UTE VACANTE aka UTE BELEW, CENTRAL VALLEY INSURANCE SERVICES, INC., INSTANT SERVICES, INC., et al. IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, Plaintiff, ) ) ) ) Civil No. 08-CV­01349-OWW-DLB ) ) ) ORDER RE MOTIONS IN LIMINE ) ) ) ) ) ) ) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 IT IS FURTHER ORDERED THAT proposed witness Michele Harvey may not testify by affidavit and the motion of Mr. Vacante (Doc. No. 175) is denied to that extent. IT IS SO ORDERED. Dated: June 7, 2010 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE -2-

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