Doublevision Entertainment, LLC v. Navigators Specialty Insurance Company et al

Filing 220

ORDER RE "SHAM" COMMENT Responses due by 7/14/2015 at 5:00 p.m.. Signed by Judge Alsup on 7/13/15. (whalc1, COURT STAFF) (Filed on 7/13/2015)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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DOUBLEVISION ENTERTAINMENT,
LLC,
No. C 14-02848 WHA
Plaintiff,

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For the Northern District of California

United States District Court

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v.
ORDER RE “SHAM” COMMENT
NAVIGATORS SPECIALTY
INSURANCE CO., et al,
Defendants.
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With respect to the comment of the state court judge that the interpleader was a “sham,”

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which was heard by the corporate representative of Doublevision, Doug Dawson, no comment

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about it shall be made in the presence of the jury until after further hearing and order. The Court

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will hear Mr. Dawson out of the presence of the jury to understand the context. Additionally, the

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Court wishes to know whether Navigators or anyone else heard the comment.

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Finally, please brief the law on the extent to which judicial utterances must be made on

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the record to count. Put differently, a judicial ruling that the interpleader was a sham would

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ordinarily be in writing or on the record. If it wasn’t on the record, then presumably it was not a

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ruling. If it was not a ruling, it should probably be excluded under Rule 403.

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The above points are separate from the hearsay issue addressed Monday, which the
parties may also brief. Briefs on these issues shall be submitted by JULY 14, AT 5:00 P.M.

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IT IS SO ORDERED.

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Dated: July 13, 2015.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE