Smith et al v. Pacific Gas & Electric Company

Filing 249

ORDER re Objections to Exhibits. Signed by Judge Jeffrey S. White on May 19, 2009. (jswlc1, COURT STAFF) (Filed on 5/19/2009)

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1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA WILLIAM A. SMITH and JOSE LEMUS, Plaintiffs, v. PACIFIC GAS AND ELECTRIC COMPANY, Defendant. / ORDER RE OBJECTIONS TO EXHIBITS No. C 07-02126 JSW United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Court has received the parties evidentiary objections and responses regarding certain exhibits. The Court rules on the objections as follows: 1. the Court sustains the objections to Exhibits 1-19, 21-22, 32, 61 unless Plaintiff demonstrates that these exhibits were actually presented to the decision-maker; 2. 3. the Court sustains the objection to Exhibits 20; the Court sustains the objections to Exhibits 48-55 unless Plaintiff has a previously designated expert witness qualified to provide testimony regarding whether such statistical evidence controls for factors other than discrimination based on national origin and is statistically significant; and 4. the Court overrules the objections to Exhibits 56-60 on the condition that Plaintiff lays a proper foundation by a competent witness. /// /// /// 1 2 3 4 5 6 7 8 9 10 IT IS SO ORDERED. Dated: May 19, 2009 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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