Huck v. Kone, Inc.

Filing 124

ORDER by Judge Elizabeth D. Laporte denying 109 Motion for Sanctions (edllc2, COURT STAFF) (Filed on 10/13/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RANDALL G. HUCK,

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Plaintiff,

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v.

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For the Northern District of California

United States District Court

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ORDER DENYING DEFENDANT’S
MOTION FOR SANCTIONS

KONE, INC.,

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No. C 10-1845 RS (EDL)

Defendant.
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On September 16, 2011, Defendant filed a motion for sanctions, arguing that Plaintiff’s
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motion to compel (docket 96) and motion to quash (docket 99) lacked merit, and that therefore,
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Plaintiff should be sanctioned. The Court heard Plaintiff’s motion to compel and motion to quash on
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October 11, 2011. On October 12, 2011, the Court issued an order denying the motion to quash as
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moot, and granting in part and denying in part the motion to compel. Because Defendant’s motion
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for sanctions is appropriate for decision without oral argument, the October 25, 2011 hearing on
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Defendant’s motion is vacated.
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Although Plaintiff’s motion to quash was moot, and Plaintiff was incorrect on some legal
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points in his motion to compel, he prevailed on other issues in his motion and the Court ordered
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Defendant to provide several declarations regarding its search for responsive documents. The Court
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does not find that Plaintiff’s motions were frivolous or that Plaintiff’s decision to bring the motions
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is sanctionable. Thus, Defendant’s motion for sanctions is denied.
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IT IS SO ORDERED.
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Dated: October 12, 2011
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_______________________________
ELIZABETH D. LAPORTE
United States Magistrate Judge