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)
O
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
CENTRAL DISTRICT OF CALIFORNIA
10
11
INGENUITY 13 LLC,
12
13
14
15
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.
16
17
The Court is in receipt of the Motion for Indicative Ruling Vacating May 6,
18
2013 Order Issuing Sanctions Against Movant Brett L. Gibbs.
19
Gibbs’ Motion specifically seeks an indicative ruling from the Court that, if given the
20
opportunity, it would vacate Gibbs’ joint and several liability for the monetary
21
sanctions imposed in the May 6, 2013 Order. (ECF No. 130.)
(ECF No. 240.)
22
Since the May 6, 2013 Order is currently on appeal in the Ninth Circuit, the
23
Court’s authority over this Motion is governed by Federal Rule of Civil Procedure
24
62.1 and Federal Rule of Appellate Procedure 12.1. Under these two procedural rules,
25
a district court may issue an indicative ruling stating that it would grant a motion if the
26
court of appeals remands for that purpose. Fed. R. Civ. P. 62.1(a)(3); Fed. R. App. P.
27
12.1. Accordingly, after carefully considering the papers filed in support of and in
28
opposition to the instant Motion, the Court hereby GRANTS the Motion for
1
Indicative Ruling. If the Ninth Circuit were to remand the matter, the Court would
2
vacate Gibbs’ joint and several liability for the monetary sanctions imposed in the
3
May 6, 2013 Order based on his dissociation with the Prenda parties. The Court
4
makes no statement with regard to the other parties subject to the May 6, 2013
5
sanctions. The November 18, 2013 hearing on the matter is accordingly VACATED
6
and no appearances are necessary.
7
8
IT IS SO ORDERED.
9
October 30, 2013
10
11
12
____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?