Solis v. Seafood Peddler of San Rafael, Inc. et al

Filing 434

ORDER by Judge Orrick granting in part and denying in part 433 Defendants' Emergency Motion and Request for Relief (wholc3, COURT STAFF) (Filed on 9/1/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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THOMAS E. PEREZ,

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Case No. 12-cv-00116-WHO

Plaintiff,
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v.

ORDER REGARDING DEFENDANTS'
REQUEST FOR RELIEF

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SEAFOOD PEDDLER OF SAN RAFAEL,
INC., et al.,

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Defendants.

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United States District Court
Northern District of California

Re: Dkt. No. 433

Following the depositions ordered by me on Monday, August 25, 2014, the defendants

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assert in an emergency motion filed on Sunday, August 31, 2014 intentional obstruction and

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obfuscation of material facts and evidence by third party witnesses and ask for further relief.

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While they have uncovered additional evidence, the evidence as they describe it1 is consistent with

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their theory of the case as explained to me over the past year. The additional depositions appear to

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have cured any deficiencies in the Secretary’s discovery disclosures. In light of the information

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obtained during the last week, and for good cause appearing:
1. Defendants’ Requests for Relief Nos. 1 and 5 are GRANTED. I will use the term “U-

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visa” in the initial instruction and will allow the parties to refer to “U-visa” as

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appropriate at trial instead of “immigration benefit”.
2. Defendants’ Requests Nos. 2, 3, 4, and 8 are DENIED. Defendants may raise

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inconsistencies in testimony and credibility issues when witnesses are on the stand at

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trial. 48 hours is a sufficient amount of time to prepare for witnesses at trial, even if it

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requires working over the weekend.

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The Secretary has not had an opportunity to respond to this emergency motion. Given that the
jury will be seated at 8 a.m on Tuesday, September 2, 2014, and these issues have been discussed
at length during the past three weeks, I am ruling without hearing from the Secretary so that there
will be no delay on Tuesday morning. I will consider anything that the Secretary files in response,
but I do not require a response nor think that one is necessary.

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3. With respect to Request No. 6, the list of individuals certified by the Department of

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Labor may not be used as an exhibit in evidence, but the document may be used to

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refresh the recollection of witnesses and the information contained on the list may be

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used.

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4. With respect to Request No. 7, assuming that Mr. Cardona is not a lawyer, defendants
may add him to their list.
Counsel shall appear on September 2, 2014 at 7:45 a.m.

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United States District Court
Northern District of California

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IT IS SO ORDERED.
Dated: September 1, 2014
______________________________________
WILLIAM H. ORRICK
United States District Judge

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