Shenzhenshi Haitiecheng Science and Technology Co., Ltd. v. Rearden LLC et al

Filing 323

ORDER DENYING MOTIONS IN LIMINE by Judge Jon S. Tigar; denying 314 Motion in Limine; denying 315 Motion in Limine. (wsn, COURT STAFF) (Filed on 11/7/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SHENZHENSHI HAITIECHENG SCIENCE AND TECHNOLOGY CO., LTD., et al., 7 8 Plaintiffs, 9 v. 10 ORDER DENYING MOTIONS IN LIMINE Re: ECF Nos. 314, 315 REARDEN LLC, et al., 11 United States District Court Northern District of California Case No. 15-cv-00797-JST Defendants. 12 13 The Court now rules as follows on two of the motions in limine filed in advance of the 14 15 trial:1 16 Motion in Limine No. 1 (ECF No. 314) 17 Defendants request that “SHST witnesses should not be permitted to appear at trial,” on the 18 ground that default has been entered against SHST. Rearden cites no authority for this request, and the Court is aware of none. There is no 19 20 reason that entry of default against one party should prejudice the presentation of evidence by the 21 remaining parties. 22 The motion is denied. 23 Motion in Limine No. 2 (ECF No. 315) 24 Defendants request that the Court exclude “the Asset Purchase Agreement between MO2, 25 LLC (‘MO2’) and SHST, the Asset Purchase Agreement between SHST and Virtue Global 26 Holdings Limited (‘VGH’), and any other documents or purported agreements bearing SHST’s 27 1 28 The Court has determined that argument regarding these motions is unnecessary. See Judge Tigar's Standing Order for Civil Bench Trials at 4. 1 ‘chop’ signature (referred to collectively herein as ‘SHST Agreements’)” on the ground that VGH 2 will not be able to authenticate those agreements at trial because “[t]here is no witness with 3 personal knowledge that can authenticate the SHST Agreements.” ECF No. 315 at 1, 2. 4 Again, Defendants cite no authority for their request, which asks the Court to determine ex 5 ante that VGH will be unable to authenticate a group of documents before VGH has even been 6 allowed to try. 7 The motion is denied. 8 The Court will rule on the remaining motions in limine at the pretrial conference scheduled 9 10 United States District Court Northern District of California 11 12 13 for November 10, 2016. IT IS SO ORDERED. Dated: November 7, 2016 ______________________________________ JON S. TIGAR United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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