O. Matthew Thomas v. San Francisco Travel Association

Filing 31

ORDER RE 24 27 DECLARATIONS AND RECUSAL. Signed by Judge James Donato on 9/24/2015. (jdlc1S, COURT STAFF) (Filed on 9/24/2015)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 O. MATTHEW THOMAS, Case No. 14-cv-03043-JD Plaintiff, 8 v. ORDER RE DECLARATIONS AND RECUSAL 9 10 SAN FRANCISCO TRAVEL ASSOCIATION, Defendant. 11 United States District Court Northern District of California Re: Dkt. Nos. 24, 27 12 13 The Court orders the following documents and portions of documents to be stricken from 14 the record of this case because they contain inappropriate disclosures about confidential settlement 15 negotiations between the parties and their early neutral evaluation session: 16  at 2:4-6; 17 18   23 24 25 26 27 28 Notice of Motion and Motion of Defendant San Francisco Travel Association to Strike Plaintiff’s Untimely Opposition Papers (Dkt. No. 27); 21 22 Declaration of O. Matthew Thomas (Dkt. Nos. 24 and 24-1): paragraphs 3 and 13 of declaration (Dkt. No. 24) and Exhibit 10 (Dkt. No. 24-1); 19 20 Plaintiff’s Opposition to Defendant’s Motion for Summary Judgment (Dkt. No. 24)  Declaration of Jamie L. Dupree in Support of Motion to Strike Untimely Opposition Papers and Exhibits (Dkt. Nos. 27-1 to 27-4). See Jones v. Metro. Life Ins. Co., No. C-08-03971-JW DMR, 2010 WL 4055928, at *14 (N.D. Cal. Oct. 15, 2010) (court has inherent power to strike improperly filed information on settlement discussions as inadmissible and improper); ADR L.R. 5-12(a) (Confidential information regarding ENE session and materials shall not be disclosed to the assigned judge). The Court recuses itself from all further proceedings in this matter, and requests that the 1 2 3 4 5 Clerk reassign the case to another district judge. All pending dates of motions, pretrial conferences and trial are vacated and will be reset by the newly assigned judge. IT IS SO ORDERED. Dated: September 24, 2015 6 ________________________ JAMES DONATO United States District Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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