Newcal Industries, Inc. et al v. Ikon Office Solutions, Inc., et al

Filing 192

ORDER REFERRING MOTION FOR SANCTIONS to Judge Beeler. Signed by Judge Jeffrey S. White on October 16, 2012. (jswlc3, COURT STAFF) (Filed on 10/16/2012)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 NEWCAL INDUSTRIES, INC., et al., 8 Plaintiffs, 9 v. IKON OFFICE SOLUTIONS, et al. 11 For the Northern District of California United States District Court 10 No. C 04-2776-JSW No. C 10-5974-JSW ORDER REFERRING MOTION FOR SANCTIONS TO MAGISTRATE JUDGE BEELER Defendants. 12 ______________________________________ 13 GLOBAL SERVICES, LLC, et al., 14 Plaintiffs, 15 v. 16 IKON OFFICE SOLUTIONS, et al., 17 Defendants. 18 / / 19 20 On October 12, 2012, Defendants, IKON Office Solutions, Inc. and General Electric 21 Capital Services, Inc., filed a Motion for Sanctions Against Plaintiff Newcal Industries, Inc. for 22 Spoilation of Evidence. Although Defendants take the position that the motion does not qualify 23 as a discovery dispute, Defendants’ motion does pertain to Newcal’s conduct during discovery. 24 Accordingly, pursuant to Northern District Civil Local Rule 72-1, the Court finds it appropriate 25 to refer the motion to Judge Beeler in the first instance, either for resolution or, if needed, for 26 purposes of preparing a report and recommendation. 27 28 Accordingly, the Court vacates the hearing scheduled for January 11, 2013. 1 2 It is FURTHER ORDERED that the briefing schedule triggered by the filing of the motion shall remain in place, unless Judge Beeler orders otherwise. 3 4 IT IS SO ORDERED. Dated: October 16, 2012 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 5 6 cc: 7 Magistrate Judge Beeler Lashanda Scott Magistrate Referral Clerk 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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