Full opinion text
Opinion by Judge O’SCANNLAIN; Partial Concurrence and Partial Dissent by Judge SILVERMAN. Prior report: 305 F.3d 924 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.