Homefed Village III Master, LLC v. Otay Landfill, Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA HOMEFED VILLAGE III MASTER, Case No.: 20-cv-0784-AGS-JLB

LLC,

ORDER TO SHOW CAUSE AND TO

Plaintiff, VACATE ALL PENDING DATES v. 6 OTAY LANDFILL, INC., et al., 7 Defendants. 8 The Court is gravely concerned that plaintiff or its counsel may have attempted to create false or misleading evidence in this case. Until the Court resolves whether anyone engaged in such deceptive practices—and whether sanctions are required—any trial will have to wait. Plaintiff’s dubious evidence arose during summary-judgment proceedings. One of the defense’s arguments for summary judgment was that plaintiff Homefed Village III Master, LLC, “has not been damaged at all,” because “other third-party ‘HomeFed’ entities—not Plaintiff—exclusively paid for the . . . costs that serve as Plaintiff’s ‘damages’ for trespass and nuisance.” (ECF 124-1, at 30.) What’s more, at deposition, plaintiff’s corporate designee denied any “intercompany agreements” that would allow plaintiff to…