U n i t e d S t a t e s D i s t r i c t C o u r t

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IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF CALIFORNIAVILMA SERRALTA,Plaintiff,v.SAKHAWAT KHAN; ROOMY KHAN; and DOESONE through TEN inclusive,Defendants./No. C 08-1427 CWORDER DENYINGPLAINTIFFS’ MOTIONFOR ENTRY OF DEFAULTJUDGMENTPlaintiffs have moved for default judgment as a sanction forwhat appears to be the fabrication of a significant piece ofdocumentary evidence by Defendants, or, at best, by their employee.The Court, having considered oral argument and all of the paperssubmitted, denies the motion for entry of default judgment.However, the Court will give the jury a strongly worded instructionabout the inference of culpability that must be drawn fromfabrication of evidence, which Plaintiffs may draft. Plaintiffsmay move for any attorneys’ fees incurred in investigating andmoving for relief regarding this document. Further, the Court willnot allow Defendants to submit any evidence rebutting Plaintiffs’evidence about the fabrication of this document, unless the Court

Case4:08-cv-01427-CW Document163 Filed08/28/09 Page1 of 2