Fulford v. Logitech, Inc.

Filing 150

ORDER FINDING MICHAEL A. FITZGERALD IN CONTEMPT OF COURT ORDER; AWARDING COSTS AND FEES ACCORDING TO PROOF. No later than three weeks after a decision is rendered in the action pending in Virginia, Logitech shall file and serve on Fitzgerald proof of such costs and fees reasonably incurred. Fitzgerald's response, if any, shall be filed and served on Logitech no later than fourteen days after the date Logitech files its proof of such costs and fees. Signed by Judge Maxine M. Chesney on April 30, 2010. (mmclc1, COURT STAFF) (Filed on 4/30/2010) (Additional attachment(s) added on 4/30/2010: # 1 Appendix Certificate of Service) (tl, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 United States District Court ARTHUR FULFORD, on behalf of himself and all others similarly situated, Plaintiff, v. LOGITECH, INC., a California corporation, Defendant / On April 22, 2010, on application of defendant Logitech, Inc. ("Logitech"), the Court ordered Michael A. Fitzgerald ("Fitzgerald"), a member of the plaintiff class, to show cause, in person on April 30, 2010, why he should not be held in contempt for violating the Court's March 5, 2010 Order Granting Final Approval of Class Action Settlement. On April 30, 2010, the Court conducted a hearing on the Order to Show Cause. Philip S. Warden of Pillsbury Winthrop Shaw Pittman LLP appeared on behalf of Logitech, and Kristen E. Law of Lieff, Cabraser, Heimann & Bernstein, LLP, appeared on behalf of the plaintiff class. Fitzgerald did not appear. Having read and considered all filings submitted in connection with the matter, and having considered the showing made by counsel at the April 30, 2010 hearing, the Court, for the reasons stated on the record at the hearing, hereby finds Fitzgerald knowingly and No. C-08-2041 MMC ORDER FINDING MICHAEL A. FITZGERALD IN CONTEMPT OF COURT ORDER; AWARDING COSTS AND FEES ACCORDING TO PROOF IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

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willfully violated the Court's March 5, 2010 Order by thereafter filing and continuing to prosecute, in the Commonwealth of Virginia, an action based on a claim released by the class action settlement in the above-titled case. Accordingly, the Court finds Fitzgerald to be in contempt of court. As a sanction therefor, Fitzgerald is hereby ordered to pay to Logitech the costs and fees reasonably incurred by Logitech in bringing its application for an order to show cause, for appearing at the April 30, 2010 hearing before this Court, and in responding to the action filed by Fitzgerald in the Commonwealth of Virginia, such costs and fees to be awarded according to proof. See In re Crystal Palace Gambling Hall, Inc., 817 F.2d 1361, 1366 (9th Cir. 1987) (holding appropriate sanction for civil contempt is amount necessary to "compensate the contemnor's adversary for the injuries which result from the noncompliance"). No later than three weeks after a decision is rendered in the action pending in Virginia, Logitech shall file and serve on Fitzgerald proof of such costs and fees reasonably incurred. Fitzgerald's response, if any, shall be filed and served on Logitech no later than fourteen days after the date Logitech files its proof of such costs and fees. IT IS SO ORDERED.

Dated: April 30, 2010

MAXINE M. CHESNEY United States District Judge

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