Order Granting United States' Motion in Limine to Admit Certified Absence of Public Record (Document 88)

Summary

Order dated June 9, 2022, filed as Document 88 in United States v. Keith Lawrence Middlebrook, No. 2:20-cr-00229-DSF, granting the United States' motion in limine [81] to admit a certified absence of public record from the United States Patent and Trademark Office, under Federal Rules of Evidence 803(10) and 902(4). The court admits the certified absence of record by Brian E. Hanlon, Certifying Officer, which documented no result from his search of the Patent Application Locating and Monitoring (PALM) database as to patents by the defendant, his companies, or the persons he stated were officers. It is admitted subject to a determination of relevance, and no custodian of record is required to appear at trial.

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     Case 2:20-cr-00229-DSF Document 88 Filed 06/09/22 Page 1 of 2 Page ID #:577



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                            UNITED STATES DISTRICT COURT
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                      FOR THE CENTRAL DISTRICT OF CALIFORNIA
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     UNITED STATES OF AMERICA,              No. 2:20-cr-00229-DSF
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               Plaintiff,                   ORDER GRANTING UNITED STATES’
12                                          MOTION IN LIMINE TO ADMIT
                     v.                     CERTIFIED ABSENCE OF PUBLIC
13                                          RECORD FROM THE UNITED STATES
     KEITH LAWRENCE MIDDLEBROOK,            PATENT AND TRADEMARK OFFICE [81]
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               Defendant.                   Motions Hearing: 6/6/22
15                                          Time: 8:30 a.m.
                                            Courtroom: 7D, 350 W. 1st Street
16                                                     Los Angeles, CA 90012

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          Based on the motion in limine filed by the United States of
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     America, and pursuant to Federal Rules of Evidence (FRE) 803(10) and
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     902(4), the Court finds the following:
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          1. The government’s motion in limine to admit the certified
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             absence of public record from the United States Patent and
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             Trademark Office is granted.
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          2. The copy of the certified absence of record by Brian E.
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             Hanlon, Certifying Officer of the United States Patent and
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             Trademark Office, that documented the absence of any result
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             from his search of the Patent Application Locating and
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             Monitoring (PALM) database system as to patents by defendant,
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             his companies, or those persons he stated were officers of
     Case 2:20-cr-00229-DSF Document 88 Filed 06/09/22 Page 2 of 2 Page ID #:578



 1           his companies is admitted into evidence at the trial of this

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 3           of record of the United States Patent and Trademark Office is

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 6        IT IS SO ORDERED.

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     Dated: June 9, 2022
 8                                  HON. DALE S. FISCHER
                                    UNITED STATES DISTRICT JUDGE
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