IO Group, Inc. et al v. GLBT, Ltd. et al

Filing 137

ORDER DENYING IN PART WITHOUT PREJUDICE AND REFERRING IN PART PLAINTIFFS' MOTION FOR SANCTIONS AGAINST DEFENDANTS' COUNSEL JONATHAN CAPP; VACATING DECEMBER 9, 2011 HEARING. Signed by Judge Maxine M. Chesney on November 2, 2011. (mmclc1, COURT STAFF) (Filed on 11/2/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

For the Northern District of California

United States District Court

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IO GROUP, INC., et al.,
Plaintiff,

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No. C-10-1282 MMC
ORDER DENYING IN PART WITHOUT
PREJUDICE AND REFERRING IN PART
PLAINTIFFS’ MOTION FOR SANCTIONS
AGAINST DEFENDANTS’ COUNSEL
JONATHAN CAPP; VACATING
DECEMBER 9, 2011 HEARING

v.
GLBT, LTD., et al.,
Defendants.

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Before the Court is plaintiffs’ “Motion for Sanctions against Defendants’ Counsel

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Jonathan Capp,” filed October 31, 2011. Having read and considered the motion, the Court

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rules as follows:

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1. To the extent the motion seeks an order finding defendants’ counsel is jointly and

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severally liable for the award of sanctions previously issued by Magistrate Judge Donna

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Ryu, the motion is hereby DENIED without prejudice to plaintiffs’ filing, for consideration by

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Magistrate Judge Ryu, a motion for leave to file a motion for reconsideration. See Civil L.R.

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7-9(b) (providing motion for leave to file motion for reconsideration must be based on one

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of three specific circumstances, one of which is “emergence of new material facts . . .

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occurring after the time of [the] order”).

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2. To the extent the motion seeks an order finding defendants’ counsel is liable for
sanctions pursuant to 28 U.S.C. § 1927, the motion is hereby REFERRED to Magistrate

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Judge Ryu for heard and determined pursuant to 28 U.S.C. § 636(b).

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3. The December 9, 2011 hearing scheduled before the undersigned is VACATED.

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IT IS SO ORDERED.

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Dated: November 2, 2011
MAXINE M. CHESNEY
United States District Judge

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