Free Motion in Limine - District Court of California - California

Case 3:07-cv-03758-SC

Document 202-4

Filed 04/18/2008

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ORDER REGARDING PLAINTIFFS' FIRST SET OF MOTIONS IN LIMINE -- CASE NO. C-07-3758-SC sf-2501810

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION VETERANS FOR COMMON SENSE, and VETERANS UNITED FOR TRUTH, INC., Plaintiffs, v. JAMES B. PEAKE, M.D., Secretary of Veterans Affairs, et al., Defendants. Complaint Filed July 23, 2007 Case No. C-07-3758-SC

[PROPOSED] ORDER GRANTING PLAINTIFFS' FIRST SET OF MOTIONS IN LIMINE, NOS. 1-4

Case 3:07-cv-03758-SC

Document 202-4

Filed 04/18/2008

Page 2 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By: THAT:

Having considered Plaintiffs' First Set of Motions in Limine, IT IS HEREBY ORDERED

Plaintiffs' Motion in Limine No. 1 is granted. Defendants shall be prohibited from using as exhibits documents they failed to produce to Plaintiffs. Evidence based on such documents shall be excluded. Plaintiffs' Motion in Limine No. 2 is granted. Defendants shall be prohibited from introducing evidence from or regarding the United States Court of Appeals for Veterans' Claims not produced to Plaintiffs. Plaintiffs' Motion in Limine No. 3 is granted. Witnesses listed in Defendants' Pretrial Statement but not previously disclosed to Plaintiffs under Rule 26(a) or 26(e) shall not be permitted to testify. Plaintiffs' Motion in Limine No. 4 is granted. The Court shall draw an adverse inference from Defendants' failure to produce available witnesses. IT IS SO ORDERED. Dated: April __, 2008 _____ THE HONORABLE SAMUEL CONTI United States Senior District Judge Proposed Order Submitted by: SIDNEY M. WOLINSKY JENNIFER WEISER BEZOZA KATRINA KASEY CORBIT DISABILITY RIGHTS ADVOCATES GORDON P. ERSPAMER ARTURO J. GONZALEZ HEATHER A. MOSER STACEY M. SPRENKEL MORRISON & FOERSTER LLP

/s/ Heather A. Moser. Heather A. Moser Attorneys for Plaintiffs

ORDER REGARDING PLAINTIFFS' FIRST SET OF MOTIONS IN LIMINE-- CASE NO. C-07-3758-SC sf-2501810

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