Gibson Brands Inc v. John Hornby Skewes & Co. Ltd et al
Filing
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ORDER DENYING Plaintiff Gibson Brands Inc. MOTION for Reconsideration 143 by Judge Dean D. Pregerson (lc)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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GIBSON BRANDS, INC., a
Delaware corporation,
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Plaintiff,
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v.
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JOHN HORNBY SKEWES & CO.
LTD.,
Defendants.
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___________________________
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Case No. CV 14-00609 DDP (SSx)
[DOCKET NUMBER 143]
ORDER
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The Motion for Reconsideration is denied.
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The moving party does correctly note, however, that
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“subjective bad faith” is not required for the imposition of
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sanctions. See Fink v. Gomez, 239 F.3d 989, 993-994 (9th Cir.
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2001). To the extent that the court’s prior Order implies a
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reliance on the absence of subjective bad faith, the court has
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reexamined the parties’ evidence and arguments and now clarifies
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that the Motion for Sanctions is denied because JHS’s conduct did
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not rise to the level of “bad faith or conduct tantamount to bad
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faith.” Id. at 994. Additionally, the motion for reconsideration
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is denied because the moving party failed to comply with Local Rule
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7-3.
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IT IS SO ORDERED.
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Dated: August 22, 2016
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DEAN D. PREGERSON
United States District Judge
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