Full docket text for document 377:

DOCKET TEXT ORDER - Defendants' 365 Motion in Limine to Strike Plaintiff's Summary Exhibits 734 - 741, 742(A), 742(B), and 750 ("Exhibits") is DENIED for the following reasons:

(1) The United States was not required to disclose the Excel spreadsheet Reinken used to create her summaries in Exhibit 734 through 741 because Defendants were given sufficient time to inspect the underlying documents (the bank records) after they were produced March 30, 2017, and therefore, there is no reason to give the Defendants the benefit of Plaintiff's work product in preparing the spreadsheet.

(2) The admission of these summaries which qualify under Rule 1006 is within the sound discretion of the court.

(3) The Exhibits are far more probative than prejudicial and therefore do not violate Rule 403. The Exhibits add substantial probative value by summarizing voluminous bank records, saving time and increasing convenience. Defendants may challenge the Exhibits' on cross-examination.

(4) Defendants failed to cite any case law to support their arguments.

(5) Plaintiff indicates it no longer intends to offer Pl. Ex. 750.

(6) The format conversion issue related to Exhibits 742A and 742B was caused by Defendants' form of production of their database in a non-native format.

(7) The lack of information about amounts paid for lenses in Exhibits 742A and 742B is due to the non-production of that data from Defendants.

(8) Defendants have been free to prepare their own summaries from the bank records and from their database.

Signed by Judge David Nuffer on 04/04/2018.

Docket text only. No attached document.

(ms) (Entered: 04/04/2018)