Case4:08-cv-01427-CW Document163
Filed08/28/09 Page1 of 2
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IN THE UNITED STATES DISTRICT COURT
8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 United States District Court For the Northern District of California
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No. C 08-1427 CW VILMA SERRALTA,
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ORDER DENYING PLAINTIFFS’ MOTION FOR ENTRY OF DEFAULT JUDGMENT
Plaintiff, 12 v. 13 14 15
SAKHAWAT KHAN; ROOMY KHAN; and DOES ONE through TEN inclusive, Defendants. /
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Plaintiffs have moved for default judgment as a sanction for
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what appears to be the fabrication of a significant piece of
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documentary evidence by Defendants, or, at best, by their employee.
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The Court, having considered oral argument and all of the papers
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submitted, denies the motion for entry of default judgment.
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However, the Court will give the jury a strongly worded instruction
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about the inference of culpability that must be drawn from
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fabrication of evidence, which Plaintiffs may draft.
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may move for any attorneys’ fees incurred in investigating and
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moving for relief regarding this document.
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not allow Defendants to submit any evidence rebutting Plaintiffs’
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evidence about the fabrication of this document, unless the Court
Plaintiffs
Further, the Court will
Case4:08-cv-01427-CW Document163
Filed08/28/09 Page2 of 2
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has first screened any such proposed evidence.
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first day of trial, at 8:30 a.m., while the jury is gathering,
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Defendants must present at an evidentiary hearing any evidence they
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propose to offer to rebut Plaintiffs’ evidence.
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hear it and determine whether to allow Defendants to present it to
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the jury during trial.
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proffered for screening at that time will be allowed.
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Accordingly, on the
The Court will
No such rebuttal evidence that is not
IT IS SO ORDERED.
9 United States District Court For the Northern District of California
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Dated:
8/28/09 CLAUDIA WILKEN United States District Judge
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