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TRIAL:
Date:
Time:
Location:
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October 4, 2016
8:30 a.m.
Courtroom 1600
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Throughout this case, our firm has done a very good job of avoiding the
11 witness used the plaintiffs real name, and in many depositions, the plaintiffs real
777 South Figueroa Street, Suite 4900
Los Angeles, CA 90017
Tel (213) 630-5000 Fax (213) 683-1225
10 use of the plaintiffs real name. However, also throughout the case, nearly every lay
12 name was used. Now that trial preparation is exigent and trial starts next week,
13 every person at our firm, and every witness and co-defendant and co-counsel is
14 using the plaintiffs real name, and her real name is permanently etched in my head.
15 As a result, I made a mistake at the last hearing when I used the plaintiffs real
16 name, a full two weeks before the trial starts, for which I apologize, and which will
17 not happen again. I thought initially that the plaintiffs name could be used after our
18 motion was granted, and I did not initially realize that the order was timed to take
19 effect at jury selection. My apology extends to the Court, the plaintiff, and to
20 plaintiffs counsel.
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I genuinely apologize for my mistake, and I will use best efforts not to
22 repeat my error. For these reasons, I do not believe sanctions are warranted.
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One thing the Court may want to consider in lieu of $1,000 in sanctions
24 is for me to instead donate $5,000 to the Rape Treatment Center, a registered non25 profit charitable entity that I have supported for many years. My wife is on the
26 advisory board for the Rape Treatment Center, and their annual brunch was this past
27 Sunday, at Ron Burkles house. I normally attend the brunch, with my wife, and
28 sometimes with my daughters, but was unable to attend this Sunday due to trial
250265.1
1 preparation for this case. Given the context of this case, that would be a very good
2 way to address any issue of my mistaken use of the name last week at the hearing.
3 Thankfully, only one reporter was present last week, and he did not use or repeat the
4 name.
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I declare under penalty of perjury under the laws of the United States of
6 America and the State of California that the foregoing is true and correct. Executed
7 this 27th day of September, 2016 at Los Angeles, California.
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/s/ Mark D. Baute
MARK D. BAUTE
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777 South Figueroa Street, Suite 4900
Los Angeles, CA 90017
Tel (213) 630-5000 Fax (213) 683-1225
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250265.1
PROOF OF SERVICE
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4 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
At the time of service, I was over 18 years of age and not a party to this
action. I am employed in the County of Los Angeles, State of California. My
6 business address is 777 South Figueroa Street, Suite 4900, Los Angeles, CA 90017.
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250265.1
SERVICE LIST
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