Ingenuity13 LLC v. John Doe

Filing 243

ORDER by Judge Otis D. Wright, II Granting Motion for Indicative Ruling Vacating 5/6/13 Sanctions Against Brett L Gibbs 240 . The November 18, 2013 hearing on the Motion for Ruling is VACATED and no appearances are necessary. (mg)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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INGENUITY 13 LLC,

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v.

Plaintiff,

JOHN DOE,

Case Nos. 2:12-cv-8333-ODW(JCx)
ORDER GRANTING MOTION FOR
INDICATIVE RULING VACATING
MAY 6, 2013 SANCTIONS AGAINST
BRETT L. GIBBS [240]

Defendant.

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The Court is in receipt of the Motion for Indicative Ruling Vacating May 6,

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2013 Order Issuing Sanctions Against Movant Brett L. Gibbs.

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Gibbs’ Motion specifically seeks an indicative ruling from the Court that, if given the

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opportunity, it would vacate Gibbs’ joint and several liability for the monetary

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sanctions imposed in the May 6, 2013 Order. (ECF No. 130.)

(ECF No. 240.)

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Since the May 6, 2013 Order is currently on appeal in the Ninth Circuit, the

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Court’s authority over this Motion is governed by Federal Rule of Civil Procedure

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62.1 and Federal Rule of Appellate Procedure 12.1. Under these two procedural rules,

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a district court may issue an indicative ruling stating that it would grant a motion if the

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court of appeals remands for that purpose. Fed. R. Civ. P. 62.1(a)(3); Fed. R. App. P.

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12.1. Accordingly, after carefully considering the papers filed in support of and in

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opposition to the instant Motion, the Court hereby GRANTS the Motion for

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Indicative Ruling. If the Ninth Circuit were to remand the matter, the Court would

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vacate Gibbs’ joint and several liability for the monetary sanctions imposed in the

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May 6, 2013 Order based on his dissociation with the Prenda parties. The Court

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makes no statement with regard to the other parties subject to the May 6, 2013

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sanctions. The November 18, 2013 hearing on the matter is accordingly VACATED

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and no appearances are necessary.

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IT IS SO ORDERED.

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October 30, 2013

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____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

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