Welenco, Inc. v. Corbell, et al.,

Filing 138

ORDER signed by Judge Kimberly J. Mueller on 4/24/2015 ADOPTING IN FULL 121 Findings and Recommendations; GRANTING IN PART 100 Motion for Sanctions and 101 Joinder therein; IMPOSING evidentiary sanctions precluding the plaintiffs from introduci ng into evidence any documents that were not produced by the plaintiffs prior to 2/14/2015 and any testimonial evidence from witnesses John Duffield, Daniel Guardino, Tyler McMillan, or any person designated to testify on behalf of the corporate plai ntiffs Welenco and Water Well; INSTRUCTING the parties to meet and confer regarding the status of the documents, declarations, and testimony that the court may consider in deciding the pending motion for summary judgment; DIRECTING the parties to file a joint statement consistent with the court's instructions provided at hearing within fourteen (14) days. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WELENCO, INC., et al.,

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Plaintiffs,

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No. 2:13-cv-0287 KJM CKD

v.

ORDER

GARY CORBELL, et al.,

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Defendants.

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On March 12, 2015, the magistrate judge filed findings and recommendations, which were

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served on the parties and which contained notice to the parties that any objections to the findings

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and recommendations were to be filed within fourteen days. No objections to the findings and

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recommendations have been filed.

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The court presumes that any findings of fact are correct. See Orand v. United States, 602

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F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.

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See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed

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the file, the court finds the findings and recommendations to be supported by the record and by

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the proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed March 12, 2015 are adopted in full.

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2. Defendants’ motion for sanctions and joinder therein (ECF Nos. 100, 101) are granted
in part.

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3. Evidentiary sanctions are imposed on plaintiffs precluding plaintiffs from introducing

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into evidence, in opposition to the motion for summary judgment or at trial, any documents that

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were not produced by plaintiffs prior to February 14, 2015 and any testimonial evidence from

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witnesses John Duffield, Daniel Guardino, Tyler McMillan, or any person designated to testify on

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behalf of the corporate plaintiffs Welenco and Water Well.

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4. In light of the adoption of the evidentiary sanctions, and as discussed with the parties at

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hearing on April 24, 2015, the parties are instructed to meet and confer regarding the status of the

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documents, declarations, and testimony that the court may consider in deciding the pending

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motions for summary judgment. The parties are directed to file a joint statement consistent with

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the court’s instructions provided at hearing within fourteen (14) days.

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IT IS SO ORDERED.
DATED: April 24, 2015.

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UNITED STATES DISTRICT JUDGE

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