Padgett et al v. City of Monte Sereno et al

Filing 773

ORDER re 767 Objection filed by Brian Loventhal, A. Curtis Wright, 770 Objection filed by Brian Loventhal, A. Curtis Wright. Signed by Judge James Ware on May 1, 2009. (jwlc1, COURT STAFF) (Filed on 5/1/2009)

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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION JOSEPH PADGETT and DARLA PADGETT, Plaintiffs, vs. BRIAN LOVENTHAL, et al., Defendants. Case No. C 04 03946 JW DENYING [PROPOSED] ORDER GRANTING DEFENDANTS BRIAN LOVENTHAL AND A. CURTIS WRIGHT'S MOTION TO EXCLUDE PLAINTIFFS' TRIAL EXHIBITS Trial Date: Trial Time: Judge: April 30, 2009 9:00 a.m. Hon. James Ware

Before this Court is defendants BRIAN LOVENTHAL and A. CURTIS WRIGHT's (hereinafter, collectively "defendants") motion for an order excluding plaintiffs' trial exhibits because plaintiffs refuse to provide copies of the documents they intend to use at trial and apparently intend to submit documents that were not disclosed during discovery. IT IS HEREBY ORDERED trial, and Plaintiffs having no opportunity of their trial At this eleventh hour before the THAT plaintiffs' refusal to provide copiesto reply to the charges contained in Defendants' those exhibits pursuant to in violation without prejudice Civil exhibits warrants the exclusion of Motion, the Court DENIES the Motionof Federal Rules ofto be renewed. Defendants are invited to bring to the Court's attention any particular objections re: exhibits at trial. Procedure 26 (a), 26(e) and 37(c); Civil Local Rule 16-10(b)(7), this Court's pretrial orders and this Court's inherent authority. Dated: May 1, 2009 /// ____________________________ JAMES WARE United States District Judge 1

[PROPOSED] ORDER GRANTING DEFENDANTS' MOTION TO EXCLUDE PLAINTIFFS' TRIAL EXHIBIT; CASE NO. C 04 03946 JW

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Attorneys for Defendants BRIAN LOVENTHAL and A. CURTIS WRIGHT

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JOSEPH C. HOWARD, JR. [SBN: 050784] TODD H. MASTER [SBN: 185881] HOWARD ROME MARTIN & RIDLEY LLP 1775 Woodside Road, Suite 200 Redwood City, CA 94061 Telephone: [phone] Facsimile: [phone]

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