Bylin Heating Systems, Inc. v. Thermal Technologies, Inc.

Filing 65

ORDER signed by Magistrate Judge Kendall J. Newman on 1/30/2014 VACATING the Motion Hearing on 64 Motion for Attorney Fees set for 2/6/2014; ORDERING Defendant Thermal Technologies, Inc. to file an opposition or a statement of non-opposition to 64 Motion for Attorney Fees by 2/13/2014; ORDERING the plaintiffs to file any reply brief in support of 64 Motion for Attorney Fees by 2/27/2014. (Michel, G)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BYLIN HEATING SYSTEMS, INC., et
al.,
Plaintiffs,

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No. 2:11-cv-1402 KJM KJN

ORDER
v.
THERMAL TECHNOLOGIES, INC.,
Defendant.
Presently before the undersigned is a motion for attorney’s fees as sanctions for bad faith

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conduct filed by plaintiffs Bylin Heating Systems, Inc. and Roof Ice Melt Systems, Inc.

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(collectively “plaintiffs”). (ECF No. 64.) Plaintiffs request that the court impose plaintiffs’

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attorney’s fees as monetary sanctions on defendant Thermal Technologies, Inc. (“TTI”) based on

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its numerous failings in these proceedings, including its failure to comply with multiple court

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orders, failure to appear at multiple noticed court hearings, and abandonment of its discovery

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obligations in general. Defendant TTI has not filed any response to this motion.

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It is HEREBY ORDERED THAT:

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1. Because oral argument would not materially aid the resolution of the pending motion,

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this matter is submitted on the briefs and record without a hearing. See Fed. R. Civ. P. 78(b); E.D.

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Local Rule 230(g) (“. . . the motion may be submitted upon the record and briefs on file . . . if the

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Court so orders, subject to the power of the Court to reopen the matter for further briefs or oral
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arguments or both.”).
2. The hearing on plaintiffs’ motion currently set for February 6, 2014, is hereby

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VACATED.

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3. Based on the record, the undersigned has serious doubts that defendant will file any

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response to plaintiff’s motion. Nevertheless, in an abundance of caution, the undersigned orders

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that defendant TTI shall file an opposition or statement of non-opposition on or before

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February 13, 2014.1 Thereafter, plaintiffs may file a reply briefing in support their motion

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on or before February 27. The undersigned may set this matter for hearing sua sponte should

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one appear helpful following receipt of the papers.

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IT IS SO ORDERED
Dated: January 30, 2014

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Defendant is strongly cautioned that failure to file such a response in a timely manner will result
in the court deciding plaintiffs’ motion solely on plaintiffs’ arguments in support of the motion
and the record.
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