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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 BYLIN HEATING SYSTEMS, INC., et al., Plaintiffs, 13 14 15 16 17 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 18 conduct filed by plaintiffs Bylin Heating Systems, Inc. and Roof Ice Melt Systems, Inc. 19 (collectively “plaintiffs”). (ECF No. 64.) Plaintiffs request that the court impose plaintiffs’ 20 attorney’s fees as monetary sanctions on defendant Thermal Technologies, Inc. (“TTI”) based on 21 its numerous failings in these proceedings, including its failure to comply with multiple court 22 orders, failure to appear at multiple noticed court hearings, and abandonment of its discovery 23 obligations in general. Defendant TTI has not filed any response to this motion. 24 It is HEREBY ORDERED THAT: 25 1. Because oral argument would not materially aid the resolution of the pending motion, 26 this matter is submitted on the briefs and record without a hearing. See Fed. R. Civ. P. 78(b); E.D. 27 Local Rule 230(g) (“. . . the motion may be submitted upon the record and briefs on file . . . if the 28 Court so orders, subject to the power of the Court to reopen the matter for further briefs or oral 1 1 arguments or both.”). 2. The hearing on plaintiffs’ motion currently set for February 6, 2014, is hereby 2 3 VACATED. 4 3. Based on the record, the undersigned has serious doubts that defendant will file any 5 response to plaintiff’s motion. Nevertheless, in an abundance of caution, the undersigned orders 6 that defendant TTI shall file an opposition or statement of non-opposition on or before 7 February 13, 2014.1 Thereafter, plaintiffs may file a reply briefing in support their motion 8 on or before February 27. The undersigned may set this matter for hearing sua sponte should 9 one appear helpful following receipt of the papers. 10 11 IT IS SO ORDERED Dated: January 30, 2014 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 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. 2

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