Williams v. Williams

Filing 195


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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 ISAIAH N. WILLIAMS, Plaintiff, 5 6 7 8 No. C 07-4464 CW ORDER DENYING MOTION FOR RELIEF FROM NONDISPOSITIVE PRETRIAL ORDER OF MAGISTRATE JUDGE v. DEBRA WILLIAMS, Defendant. ________________________________/ 9 On May 16, 2013, Plaintiff Isaiah Williams moved for 10 United States District Court For the Northern District of California discovery sanctions against Defendant Debra Williams “for 11 spoliating and failing timely to produce evidence, as well as 12 making misrepresentations regarding the same.” Docket No. 146. 13 In particular, Plaintiff alleged that Defendant and her employer, 14 the California Department of Corrections and Rehabilitation 15 (CDCR), withheld certain photographs and training records that 16 Plaintiff had requested several months earlier. On June 20, 2013, 17 Magistrate Judge Beeler denied Plaintiff’s motion for sanctions. 18 See Docket No. 179. Her order noted that Plaintiff had received 19 the photographs he requested on May 7, 2013, more than a full week 20 before he filed his motion and two full months before trial was 21 set to begin. Id. at 8. 22 Plaintiff filed the instant motion on June 25, 2013, seeking 23 relief from Judge Beeler’s order. He asks the Court to reconsider 24 his earlier requests to (1) bar Defendant from using photographs 25 of Plaintiff during her opening statement and (2) allow Plaintiff 26 to state during his opening and closing statements that Defendant 27 and CDCR withheld evidence. 28 1 This motion is DENIED. After reviewing Judge Beeler’s order, 2 as well as the parties’ briefing on the matter, the Court finds 3 that Judge Beeler’s order is neither “clearly erroneous” nor 4 “contrary to law.” 5 parties may use the photographs of Plaintiff during their opening 6 statements, subject to the Federal Rules of Evidence. 7 Furthermore, Plaintiff may not assert that Defendant and CDCR 8 withheld evidence without presenting admissible evidence to 9 support that assertion. United States District Court For the Northern District of California 10 Fed. R. Civ. P. 72(a). Accordingly, both Nothing in this order shall prevent Plaintiff from presenting 11 evidence at trial that any of Defendant’s witnesses, including 12 Defendant herself, misrepresented the existence or availability of 13 any CDCR photographs or records. 14 misrepresentations by specific CDCR officers and officials is 15 relevant to the credibility of those officers and officials and, 16 as such, may be introduced for impeachment purposes. 17 Evidence of such IT IS SO ORDERED. 18 19 20 Dated: 7/3/2013 CLAUDIA WILKEN United States District Judge 21 22 23 24 25 26 27 28 2

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