Burrell et al v. County of Santa Clara et al

Filing 131

ORDER GRANTING IN PART AND DENYING IN PART OBJECTIONS TO VICKYE HAYTER PROFFER. Signed by Judge Lucy H. Koh on 5/05/2013. (lhklc3, COURT STAFF) (Filed on 5/5/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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United States District Court
For the Northern District of California

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ALMA BURRELL, VICKYE HAYTER,
MARGARET HEADD,

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Plaintiffs,
v.
COUNTY OF SANTA CLARA, DAN
PEDDYCORD, RAE WEDEL, MARTY
FENSTERSHEIB AND DOES 1 THROUGH
50, INCLUSIVE,
Defendants.

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Case No.: 11-CV-04569-LHK

ORDER GRANTING IN PART AND
DENYING IN PART OBJECTIONS TO
VICKYE HAYTER PROFFER

The Court’s Pre-Trial Conference Order ordered Plaintiff to file a “detailed proffer of
Vickye Hayter’s testimony” by 4 p.m. on Friday, May 3, 2013, and ordered Defendants to file a
response by noon on Monday, May 6, 2013. ECF No. 111. Contrary to the Court’s Order,
Plaintiff’s proffer, ECF No. 114, is a list of general topics with no identification of specific facts to
which Ms. Hayter would testify or the basis of Ms. Hayter’s knowledge. Defendant filed its
response on Sunday, May 5, 2013. ECF No. 130.
Having considered the parties’ submissions and the record in this case, the Court
OVERRULES Defendant’s objections as to topics 1 through 10 identified in Plaintiff’s “Vickey
[sic] Hayter Trial Testimony Proffer,” ECF No. 114. The Court SUSTAINS Defendant’s
objections to topics 11-14 in Plaintiff’s “Vickey [sic] Hayter Trial Testimony Proffer,” ECF No.
114, because Plaintiff has failed to show that the probative value of such testimony substantially
outweighs the danger of confusing the issues, misleading the jury, undue delay, wasting time, and
needlessly presenting cumulative evidence.

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IT IS SO ORDERED.
Dated: May 5, 2013

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LUCY H. KOH
United States District Judge

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Case No.: 11-CV-04569-LHK
ORDER GRANTING IN PART AND DENYING IN PART OBJECTIONS TO VICKYE HAYTER PROFFER