Filed: Oct. 29, 2015
Latest Update: Oct. 29, 2015
Summary: ORDER KIMBERLY J. MUELLER , Magistrate Judge . On October 14, 2015, the United States filed a Motion in Limine for Admission of Business Records under Rule 902(11). ECF No. 239. On October 21, 2015, Defendant John James Kash raised objections to admission of documents Bates Numbered 807-832, 1007, 1008-1010, 2408-2416, 2436, 2827, 7939-7958, 7959-7963, 7967, 7971, 7975, 7978, 7981, 7986, 8006, 8009, 8036, 10019-10023, and 10024. ECF No. 247. In response, the United States withdrew its moti
Summary: ORDER KIMBERLY J. MUELLER , Magistrate Judge . On October 14, 2015, the United States filed a Motion in Limine for Admission of Business Records under Rule 902(11). ECF No. 239. On October 21, 2015, Defendant John James Kash raised objections to admission of documents Bates Numbered 807-832, 1007, 1008-1010, 2408-2416, 2436, 2827, 7939-7958, 7959-7963, 7967, 7971, 7975, 7978, 7981, 7986, 8006, 8009, 8036, 10019-10023, and 10024. ECF No. 247. In response, the United States withdrew its motio..
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ORDER
KIMBERLY J. MUELLER, Magistrate Judge.
On October 14, 2015, the United States filed a Motion in Limine for Admission of Business Records under Rule 902(11). ECF No. 239. On October 21, 2015, Defendant John James Kash raised objections to admission of documents Bates Numbered 807-832, 1007, 1008-1010, 2408-2416, 2436, 2827, 7939-7958, 7959-7963, 7967, 7971, 7975, 7978, 7981, 7986, 8006, 8009, 8036, 10019-10023, and 10024. ECF No. 247. In response, the United States withdrew its motion for a pretrial ruling as to the documents objected to by defendant, except for documents Bates Numbered 7939-7958. ECF No. 254. The court held a hearing on the matter on October 28, 2015, at which defendant John James Kash appeared pro se with standby defense counsel Gregory Foster; Christiaan Highsmith and Justin Lee appeared for the United States.
At the hearing, the court ruled that the unopposed documents are self-authenticating under Federal Rule of Evidence 902(11) and are admissible under the Rule 803(6) exception to the hearsay rule. The court also granted the United States' motion as to the contested surveillance video and photographs from Century Heritage, Bates Numbered 7939-7958, because the court determined that they were made in the normal course of business under Rule 803(6). The United States will redact any handwritten notes that appear to have been entered after the creation of the records subject to this motion. Defendant is not precluded from challenging the admissibility of the records subject to this motion on other grounds, such as relevance or under Federal Rule of Evidence 403.
The United States' motion has been decided based upon the record presently before the court. The ruling is made without prejudice and is subject to proper renewal, in whole or in part, during trial. If a party wishes to contest a pretrial ruling, it must do so through a proper motion or objection, or otherwise forfeit appeal on such grounds. See Fed. R. Evid. 103(a); Tennison v. Circus Circus Enters., Inc., 244 F.3d 684, 689 (9th Cir. 2001) ("Where a district court makes a tentative in limine ruling excluding evidence, the exclusion of that evidence may only be challenged on appeal if the aggrieved party attempts to offer such evidence at trial." (alteration, citation and quotation omitted)).
In sum, the court granted the United States' motion for admission of the following business records:
BATES DESCRIPTION RECORDS
RANGE OBTAINED FROM
598-708 Utility account setup information, PG&E
2059-2073 billing information, and records
709-770 Online financial banking and Scottrade
2141-2225 trading account information
771-801 Various FedEx shipment Federal Express
802-806 documentation and shipment
2136-2140 receipts
2226-2375
833-1006 Property ownership and title records Fidelity National
Title
3068-3195 Banking records and banking Golden 1 Credit
transaction activity Union
1073-2058 Banking records and banking Bank of America
3196-3616 transaction activity
10059-11434
2074-2129 Banking records and banking Citizens Bank
transaction activity
2130-2135 Banking records and banking Huntington National
transaction activity Bank
2376-2407 Money orders, receipts, and related Western Union
records
2435-2435 Banking records and banking Fifth Third Bank
2437-2439 transaction activity
2440-2520 Banking records and banking JPMorgan Chase
2724-2826 transaction activity
2521-2531 Travel records United Airlines
2532-2534 Travel records Delta Airline
2535-2644 Banking records and banking Comerica Bank
transaction activity
2645-2708 Banking records and banking GE Capital Retail
transaction activity Finance Bank
2709-2723 Online banking records and Net Spend
account activity
2952-2975 Shipping supplies account Uline Shipping
information and invoices Supply
3617-7937 Cellular telephone records Sprint
Telecommunications
7938-7958 Surveillance camera photographs, Century Heritage
7964-8008 transaction reports, receipts
8035, 8037-8074 Deposit records, funds transfer Parkview
records, surveillance photographs Community Federal
Credit Union
8075-8095 Funds transfer receipts Pittsburgh Central
Federal Credit
Union
8096-8175 Online banking, trading, and E*Trade
financial services account
information
8176-8185 Shipping receipts YRC Freight
8909-8919
8186-8561 Travel records Southwest Airlines
8563-8616 Retail credit card account and GE Capital Retail
transaction activity Finance Bank
8616-8758 Real estate records and ownership Placer Title
documents Company
9991-10018 Money order receipts and copies of Money Gram
money orders
IT IS SO ORDERED.