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Los Angeles News Service v. CBS Broadcasting, Inc.

United States Court of Appeals, Ninth Circuit
Sep 16, 2002
313 F.3d 1093 (9th Cir. 2002)

Summary

holding that the best evidence rule applies where proponent of excluded evidence "offers no basis for concluding that it could not have obtained the original [document] by ordinary third-party discovery"

Summary of this case from Allergia, Inc. v. Bouboulis

Opinion

Nos. 00-56470, 00-57000.

Argued and Submitted February 5, 2002.

Filed September 16, 2002. Amended December 19, 2002.

H. Jay Ford III, Tyre Kamins Katz Granof, Los Angeles, CA, argued the cause for the appellants. Lindsey A. Duro, Los Angeles, CA, and William A. Bergen, Auburn, CA, were on the briefs.

Frederick F. Mumm, Davis Wright Tremaine LLP, Los Angeles, CA, argued the cause and filed a brief for the appellees.

Appeal from the United States District Court for the Central District of California; Florence-Marie Cooper, District Judge, Presiding. D.C. No. CV-99-01041-FMC.

Before: O'SCANNLAIN and SILVERMAN, Circuit Judges, and REED, District Judge.

The Honorable Edward C. Reed, Jr., Senior United States District Judge for the District of Nevada, sitting by designation.

Opinion by Judge O'SCANNLAIN; Partial Concurrence and Partial Dissent by Judge SILVERMAN.


ORDER

The opinion filed September 16, 2002 is hereby ordered amended as follows:

Slip Op. at 13984 [ 305 F.3d at 935]: Add a footnote on line 3 of the first full paragraph after the word "presses" that reads:

"CBS also claims that the videotape should be excluded as an evidentiary sanction. See Fed.R.Civ.P. 37(c)(1) (imposing sanctions where a party "fails to disclose information required by Rule 26(a)"). However, at the time this action was filed, the Central District of California had chosen not to incorporate the disclosures required by Rule 26(a)(1). Therefore, CBS's argument that the videotape should be excluded as a sanction fails because the district court, by local rule, had not adopted the mandatory disclosures that would otherwise be required under Rule 26(a) and subject to sanction under Rule 37(c)(1)."

With this amendment, the panel has voted unanimously to deny the petition for rehearing.

The petition for rehearing is DENIED.


Summaries of

Los Angeles News Service v. CBS Broadcasting, Inc.

United States Court of Appeals, Ninth Circuit
Sep 16, 2002
313 F.3d 1093 (9th Cir. 2002)

holding that the best evidence rule applies where proponent of excluded evidence "offers no basis for concluding that it could not have obtained the original [document] by ordinary third-party discovery"

Summary of this case from Allergia, Inc. v. Bouboulis

finding a news clip and its identifying broadcast slate properly self-authenticated because the "slate itself provides prima facie evidence of its own authenticity"

Summary of this case from LA Jolla Spa MD, Inc. v. Avidas Pharm., LLC

concluding that plaintiff's report of what it perceived was insufficient and that plaintiff was required to produce the original or a duplicate or at least to explain why it could not do so.

Summary of this case from Pacheco v. Homecomings Financial, LLC
Case details for

Los Angeles News Service v. CBS Broadcasting, Inc.

Case Details

Full title:LOS ANGELES NEWS SERVICE; Robert Tur, Plaintiffs-Appellants, v. CBS…

Court:United States Court of Appeals, Ninth Circuit

Date published: Sep 16, 2002

Citations

313 F.3d 1093 (9th Cir. 2002)

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