that other photos attached to the James Declaration show black marks (identified as “coking”) above the butterfly valve in the throttle very near the location identified by Lane as the place where the Toyota technicians removed the piece of plastic. (Id. at 2-4.) Toyota effectively refutes this argument of counsel with the filing of the Second Supplemental James Declaration (MDL Docket No. 2617) ¶¶ 3-5), which show examples of other coking marks in other throttle bodies found in vehicles found in salvage yards. 17 . By the same token, the result reached by the Court today is the same regardless of whether the analysis proceeds under Rule 37(a)(2) or pursuant to the Court’s inherent power. Cf. Unigard Sec. Ins. Co. v. Lakewood Engineering & Mfg. Corp., 982 F.2d 363, 368 (9th Cir.1992) (<HOLDING>). 18 . Plaintiffs are directed to make the
recognizing that courts have discretion to exclude evidence as a sanction for violation of a discovery order holding that bankruptcy courts have inherent power to sanction and affirming sanctions imposed by bankruptcy court against a nonparty holding that a trial court had the authority to impose a default judgment as a sanction for violating a rule 16 scheduling order pursuant to rule 37b2 stating we agree with the basic premise that a default sanction can under certain circumstances be an appropriate response to a violation of a rule 16 order after all the express terms of rule 37 permit a trial court to impose sanctions when a party fails to obey an order to provide or permit discovery holding sanctions order pursuant to district courts inherent powers not immediately appealable holding that where no discovery order was violated sanctions could not imposed pursuant to rule 37 but nevertheless upholding the sanction order under the courts inherent power