United States of America v. Allahyari et al

Filing 83

MINUTE ORDER further deferring in part and denying in part plaintiff's 66 , 69 -1, 78 MOTIONS IN LIMINE. Plaintiff shall file a copy of the transcript of Ms. West's telephonic deposition on or before 8/29/2018. (See Minute Order for further details.) Authorized by Judge Thomas S. Zilly. (SWT) (cc: Komron Allahyari via USPS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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UNITED STATES OF AMERICA,

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Plaintiff,
C17-668 TSZ

v.
KOMRON M. ALLAHYARI and
SHAUN ALLAHYARI,

MINUTE ORDER

Defendants.
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The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:

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(1)
The previously deferred portions of plaintiff’s motion in limine, docket
no. 66, as amended, docket nos. 69-1 and 78, are further DEFERRED in part and
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DENIED in part as follows:
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(a)
Plaintiff’s motion to exclude the testimony of Christie L. West
remains DEFERRED to the Pretrial Conference. Plaintiff shall file a copy of the
transcript of Ms. West’s telephonic deposition on or before Wednesday, August
29, 2018.
(b)
Plaintiff’s motion to exclude defendant’s trial exhibits 111-118, 127,
130-131, 133-135, and 139-152 on the ground that they were not produced during
discovery remains DEFERRED to the Pretrial Conference. The Court tentatively
concludes that the motion should be denied with respect to defendant’s trial
exhibits 111-118, 127, 133-134, and 139-140, which are carbon copies of checks
drawn on defendant Shaun Allahyari’s accounts. Each of these carbon copies was
apparently sent by certified mail along with a letter to the Internal Revenue
Service (Attn: Mr. Pfeiffer), dated October 6, 2006, relating to defendant Komron

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MINUTE ORDER - 1

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Allahyari’s Offer in Compromise. See Def.’s Tr. Ex. 158. If so, plaintiff cannot
claim any unfair surprise with respect to these carbon copies. The Court defers
ruling on (i) defendant’s trial exhibits 130, 131, and 135, which are statements for
the Bank of America account associated with Washington Law Group, Komron
Allahyari’s law firm, and (ii) defendant’s trial exhibits 141-152, which are
statements for Shaun Allahyari’s account with US Bank.

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(c) Plaintiff’s motion to exclude defendant’s trial exhibits 101, 102, 108,
110, and 153, which are summaries, because they do not satisfy the requirements
of Federal Rule of Evidence 1006 remains DEFERRED to the Pretrial Conference.

(2)
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The Clerk is directed to send a copy of this Minute Order to all counsel of

Dated this 27th day of August, 2018.

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William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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MINUTE ORDER - 2