Novo v. Ashby et al

Filing 165

ORDER signed by District Judge Morrison C. England, Jr on 3/20/14 ORDERING that the City's MOTION to Augment (ECF No. 132 ) is GRANTED. The Court's Amended Final Pretrial Order (ECF No. 115 ) is amended to include both the Allied records as exhibits and Allied's Custodian of Records as a potential witness at trial.(Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SARAH NOVO,

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No. 2:13-cv-00521-MCE-AC
Plaintiff,

v.

ORDER

CITY OF SACRAMENTO,
ANGELIQUE ASHBY,
Defendants.

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On February 24, 2017, Defendant City of Sacramento (“City”) filed a Motion for

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Order to Augment Exhibit and Witness List on grounds that it had just received

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employment records for Allied Barton Security Services (“Allied”), the employer of Nick

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Novo, Plaintiff’s husband. According to the City, it did not previously have those records

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within its custody or control because they were held by ESIS, a worker’s compensation

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carrier for Allied. According to the City, the records reflect that Nick Novo did not take

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any sick time between October 6, 2011 and March 19, 2012, the date Plaintiff was

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terminated. As such, the City maintains that the records are relevant in negating

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Plaintiff’s claim that her husband had a serious health condition during that period that

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triggered her right to request protected leave under the Family and Medical Leave Act

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(“FMLA”) and California Family Rights Act (“CFRA”) to care for her husband and
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children.
Plaintiff has submitted no opposition to the City’s request to add the employment

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records of Nick Novo from Allied to its Exhibit List and to add Allied’s Custodian of

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Records to the City’s Witness List. Given that non-opposition, and since the Court

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concludes that exclusion of the records would amount to a manifest injustice given their

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unquestioned relevance to these proceedings, the City’s Motion to Augment (ECF No.

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132) is GRANTED.1 The Court’s Amended Final Pretrial Order (ECF No. 115) is

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amended to include both the Allied records as exhibits and Allied’s Custodian of Records

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as a potential witness at trial.

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IT IS SO ORDERED.
Dated: March 20, 2017

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Having determined that oral argument would not be of material assistance, the Court ordered this
matter submitted on the briefing in accordance with Local Rule 230(g).

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