Full docket text for document 376:

DOCKET TEXT ORDER denying Defendants' 364 Motion in Limine to Strike Plaintiff's Summary Exhibit 752 is DENIED for the following reasons:

(1) The United States was not required to disclose the Excel spreadsheet Perez used to create her summary (Exhibit 752) because Defendants were given sufficient time to inspect the underlying documents, the tax returns (produced May 15, 2017, September 5, 2017, and September 15, 2017), and therefore, there is no reason to give the Defendants the benefit of Plaintiff's work product in preparing the spreadsheet.

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

(3) Exhibit 752 is not more prejudicial than probative and therefore does not violate Rule 403. Exhibit 752 adds substantial probative value, saves time and increases convenience by summarizing voluminous tax records. The Defendants may challenge Exhibit 752 on cross-examination.

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

(5) "Harm to the Treasury," depreciation expenses, and tax credits may be relevant to a proper measure of disgorgement.

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

Docket text only. No attached document.

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