Dollar Tree Stores, Inc. v. Toyama Partners, LLC et al

Filing 461

ORDER DIRECTING FURTHER BRIEFING: The parties shall file supplemental brief of no more than 10 pages by 2/27/12. (Illston, Susan) (Filed on 2/21/2012) Modified on 2/22/2012 (ysS, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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DOLLAR TREE STORES INC,

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United States District Court
For the Northern District of California

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No. C 10-325 SI

Plaintiff,

ORDER DIRECTING FURTHER
BRIEFING

v.
TOYAMA PARTNERS LLC, et al.,
Defendants.

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The Court directs the parties to file supplemental briefs on the issue of what remedies are

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available to Dollar Tree if the Court finds the liquidated damages provision unenforceable. The Court

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is interested in whether there is any authority specifically addressing the situation where parties have

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contractually agreed to limit remedies to liquidated damages and the liquidated damages provision is

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later held unenforceable. The parties shall file supplemental briefs of no more than ten pages by

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February 27, 2012.

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IT IS SO ORDERED.

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Dated: February 21, 2012
SUSAN ILLSTON
United States District Judge