Semiconductor Components Industries, L.L.C. v. I2A Technologies, Inc. et al

Filing 63

ORDER re 43 Plaintiff's motion for summary judgment. If no party requests oral argument by 11/23/10, then the 11/29/10 motion hearing will be vacated and judgment will be entered for Plaintiff. Signed by Judge Thelton E. Henderson on 11/18/10. (tehlc3, COURT STAFF) (Filed on 11/18/2010)

Download PDF
Semiconductor Components Industries, L.L.C. v. I2A Technologies, Inc. et al Doc. 63 1 2 3 4 5 6 7 8 9 10 SEMICONDUCTOR COMPONENTS INDUSTRIES, L.L.C., Plaintiff, v. I2A TECHNOLOGIES, INC., and VICTOR BATINOVICH, Defendants. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA NO. C10-0603 TEH ORDER RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT United States District Court 11 For the Northern District of California 12 13 14 15 Plaintiff's motion for summary judgment has been fully briefed and is currently 16 scheduled for hearing on November 29, 2010. Defendants' opposition conceded "that 17 Plaintiff incorrectly transferred $613,649.46 to I2A"; that "I2A has at all times pledged to 18 return the funds with interest"; and "that not all of the funds have been returned." Opp'n 19 at 1. However, Defendants challenged Plaintiff's calculation of interest and off-sets to the 20 amount due. Defendants also argued that Plaintiff's motion was an improper motion for 21 summary judgment because Plaintiff's pursuit of punitive damages rendered it impossible for 22 judgment to be entered on any of Plaintiff's claims. 23 In reply, Plaintiff agreed to all of the calculations used by Defendants and further 24 agreed to abandon its claims for punitive and exemplary damages. Thus, it appears that oral 25 argument is unnecessary because there appears to be no dispute that judgment should be 26 entered for Plaintiff in the amount of $351,820.15. 27 Any party that would like a further opportunity to address the Court before judgment 28 is entered shall file a request for oral argument on or before November 23, 2010. If no party Dockets.Justia.com 1 files such a request, then the November 29, 2010 motion hearing will be vacated and 2 judgment will be entered. 3 4 IT IS SO ORDERED. 5 6 Dated: 11/18/10 7 8 9 10 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?