Pepper, N.A. v. Expandi, Inc. et al

Filing 53

ORDER TO SHOW CAUSE. Pepper must submit a declaration that authenticates exhibits B, D, H, I, J, L, and M, in Dkt. No. 51 , by 5:00 PM on 4/25/2016. Signed by Judge Nathanael Cousins on 4/21/2016. (lmh, COURT STAFF) (Filed on 4/21/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PEPPER, N.A.,
Plaintiff,

United States District Court
Northern District of California

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Case No. 15-cv-04066 NC
ORDER TO SHOW CAUSE

v.
EXPANDI, INC., et al.,
Defendants.

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The parties have a pending summary judgment motion with the Court. In

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defendants’ reply brief, defendants objected to most of Pepper’s exhibits because the

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exhibits are not authenticated. Dkt. No. 51. At the hearing, the Court gave Pepper an

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opportunity to reply, and Pepper stated that some of the documents had been produced by

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defendants, and that authentication was not necessary at this stage. Upon further review,

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the Court observes that Pepper did not attach a declaration attesting to the authenticity of

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the documents in its opposition to defendants’ summary judgment motion.

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“We have repeatedly held that unauthenticated documents cannot be considered in a

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motion for summary judgment. In a summary judgment motion, documents authenticated

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through personal knowledge must be attached to an affidavit that meets the requirements

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of Fed. R. Civ. P. 56(e) and the affiant must be a person through whom the exhibits could

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be admitted into evidence.” Orr v. Bank of Am., NT & SA, 285 F.3d 764, 773-74 (9th Cir.

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2002) (internal quotations and citations omitted).
Case No. 15-cv-04066 NC

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Thus, Pepper is ordered to show cause why the Court should not exclude exhibits B,

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D, H, I, J, L, and M because Pepper failed to present admissible evidence. Pepper must

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submit a declaration that authenticates the documents, along with the supporting evidence

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by 5:00 p.m. on April 25, 2016, or the Court will exclude those exhibits.

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IT IS SO ORDERED.

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Dated: April 21, 2016

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_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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United States District Court
Northern District of California

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Case No. 15-cv-04066 NC

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