Securities & Exchange Commission v. Sabhlok et al

Filing 187

ORDER DENYING DEFENDANT'S ADMINSTRATIVE MOTION TO FILE UNDER SEAL. Signed by Judge Charles R. Breyer on 3/31/2010. (be, COURT STAFF) (Filed on 3/31/2010)

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MARC J. FAGEL (Cal. Bar No. 154425) 1 SUSAN F. LaMARCA (Cal Bar No. 215231) lamarcas@sec.gov 2 ROBERT L. TASHJIAN (Cal Bar No. 191007) tashjianr@sec.gov 3 WILLIAM T. SALZMANN (Cal. Bar No. 205808) salzmannw@sec.gov 4 Attorneys for Plaintiff 5 SECURITIES AND EXCHANGE COMMISSION 44 Montgomery Street, Suite 2600 6 San Francisco, California 94104 Telephone: (415) 705-2500 7 Facsimile: (415) 705-2501 8 9 10 11 12 13 SECURITIES AND EXCHANGE COMMISSION, Civil Action No. C-08-4238 CRB (JL) 14 Plaintiff, 15 vs. 16 RAJ P. SABHLOK and MICHAEL PATTISON, 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER DENYING DEFENDANT'S ADMINISTRATIVE MOTION TO FILE UNDER SEAL AND EXCLUDING PROPOSED TESTIMONY OF DEFENDANT'S RETAINED EXPERT RICHARD J. OSTILLER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ORDER DENYING MOT. TO SEAL AND EXCLUDING EXPERT TESTIMONY Case No. C-08-4238 CRB (JL) 1 2 This matter came before the Court on defendant's Michael C. Pattison's Administrative 3 Motion to File Under Seal Portions of Offer of Proof re Richard J. Ostiller. Defendant's 4 administrative motion follows the Pretrial Conference, held on February 4, 2010, at which the 5 Court heard and considered the parties' motions in limine. The administrative motion to seal also 6 follow defendant's motion for an offer of proof, which the Court heard on March 19, 2010. 7 The Court, having considered the papers filed in support of the administrative motion to 8 seal, the opposition of plaintiff Securities and Exchange Commission, as well as plaintiff's Motion 9 in Limine No. 1 and defendant's opposition, hereby DENIES defendant's administrative motion to 10 file under seal. The Court further ORDERS that the written direct testimony of defendant's 11 retained expert, Richard J. Ostiller, is hereby stricken and that Mr. Ostiller shall be precluded from 12 testifying at trial based on defendant's failure to comply with the Court's pretrial Order and for the 13 reasons cited in plaintiff's Motion in Limine No. 1. 14 IT IS SO ORDERED. 15 16 DATED: 17 18 19 20 21 22 23 24 25 26 27 28 J arles R udge Ch CRB March 31 , 2010 UNIT ED United States District Court Judge S S DISTRICT TE C TA ER N F D IS T IC T O R ORDER DENYING MOT. TO SEAL AND EXCLUDING EXPERT TESTIMONY A C LI Case No. C-08-4238 CRB (JL) FO . Breyer R NIA O OR IT IS S DERED RT U O NO RT H

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