Order Regarding 'fabricated Evidence' In Roomy Khan Lawsuit

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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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