Sandoval Delgado v. Diaz Marquez
- Virginia Demarchi
- 5:23-cv-05141
- U.S. District Court · Northern District of California
- 2
In Sandoval Delgado v. Diaz Marquez, Judge Demarchi denied an expert-testimony motion without prejudice and directed petitioner to follow pretrial procedures.
Wilfrido Sandoval Delgado and Verania Diaz Marquez, concerning expert-witness objections and discovery in their Hague Convention proceedings.
What happened
Wilfrido Sandoval Delgado asked the court, in an ex parte motion, to exclude testimony from an expert witness offered by Verania Diaz Marquez. The motion concerned proceedings under the Hague Convention, which require an expedited process.
The court denied the motion without prejudice. It said Sandoval Delgado could raise objections to the proposed expert testimony under the abbreviated witness-objection procedures in the court’s case-management order.
The court also addressed discovery timing, encouraging the parties to discuss a schedule change if necessary discovery could not be completed by December 29, 2023. Judge Virginia K. Demarchi reminded them to seek only discovery truly needed for their positions.
The detailed version
- Sandoval Delgado v. Diaz Marquez · No. 5:23-cv-05141
- Virginia Demarchi
- Dec. 20, 2023
Background
Petitioner Wilfrido Sandoval Delgado filed an ex parte motion in limine seeking to exclude testimony from an expert witness offered by respondent Verania Diaz Marquez. The opinion places the motion in proceedings under the Hague Convention and notes that these proceedings must be conducted expeditiously.
Ruling on the Motion
The court denied Sandoval Delgado’s motion without prejudice. The court stated that, if he objected to the proposed testimony, he could present those objections under the abbreviated pretrial procedures in the case-management order, which addressed objections to witnesses.
Discovery and Scheduling
The court encouraged the parties to discuss a schedule modification and promptly advise the court if they could not obtain necessary discovery by the December 29, 2023 deadline. It also reminded them to seek only discovery truly necessary to present their respective positions.
Disposition
The ex parte motion in limine was denied without prejudice. The order did not decide whether the expert testimony should ultimately be admitted or excluded.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.