McHale v. Silicon Valley Law Group
Filing
124
ORDER by Judge Joseph C. Spero granting 108 Motion in Limine; granting in part and denying in part 109 Motion in Limine; denying 113 Motion in Limine; granting in part and denying in part 114 Motion in Limine (jcslc2, COURT STAFF) (Filed on 1/25/2013)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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GERARD A MCHALE,
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Plaintiff,
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United States District Court
Northern District of California
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Case No.: 3:10-cv-04864-JCS
ORDER ON MOTIONS IN LIMINE
Dkt. Nos. 108, 109, 113, 114.
v.
SILICON VALLEY LAW GROUP,
Defendant.
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For the reasons stated on the record:
(1) SVLG’s Motion In Limine No. 1 is GRANTED. The Court excludes the testimony of
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James Rees under Rule 404(b) of the Federal Rules of Evidence. The Court also
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excludes the testimony of James Rees under Rule 403 because the probative value is
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substantially outweighed by unfair prejudice.
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(2) SVLG’s Motion In Limine No. 2 is GRANTED in part and DENIED in part.
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a. The Court excludes the Memorandum from Kutak Rock LLP, dated October 9,
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2006 and attached as Exhibit G to the Declaration of Debra Sturmer, under
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Rule 403 because the probative value is substantially outweighed by the
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likelihood of jury confusion.
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b. The Court does not exclude, subject to proper foundation, both Memoranda
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from Erik Perkins, dated November 7, 2006 and November 21, 2006, and
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attached as Exhibits H and I to the Declaration of Debra Sturmer.
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c. The Court excludes pages 1 - 14 of the Memorandum from Jeffrey Berman of
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Kluger Peretz, dated December 17, 2006 and attached as Exhibit J to the
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Declaration of Debra Sturmer, under Rule 403 because the probative value is
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substantially outweig
ghed by the likelihood o jury confu
of
usion. The C
Court does
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not exclu subject to proper fo
ude,
oundation, p
pages 15 - 17 of the Mem
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morandum.
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(3) The Trustee’s Motion In Lim No. 1 i DENIED b
M
mine
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because it is an imprope summary
s
er
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judg
gment motio
on.
(4) The Trustee’s Motion in Lim No. 2 i GRANTE in part an DENIED in part.
M
mine
is
ED
nd
The Court will extend the nu
e
umber of trial days from eight (8) da to twelve (12) days.
m
ays
IT IS SO ORDERE
O
ED.
Dat January 25, 2012
ted:
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__________
___________
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Jos
seph C. Sper
ro
Un
nited States M
Magistrate Ju
udge
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United States District Court
Northern District of California
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