OEM-Tech, Co. v. Video Gaming Technologies Inc
Filing
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ORDER. Signed by Judge Richard Seeborg on 3/22/13. (cl, COURT STAFF) (Filed on 3/22/2013)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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For the Northern District of California
United States District Court
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OEM-TECH, CO., a California sole
proprietorship owned and operated by
Charles Estes,
No. C 10-04368 RS
ORDER
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Plaintiff,
v.
VIDEO GAMING TECHNOLOGIES, INC.,
a Corporation doing business in California as
VGT, INC., and DOES 1-50, inclusive,
Defendant.
____________________________________/
VGT has moved for attorneys’ fees. See Dkt. 196. This court’s civil local rules require that
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prior to filing such a motion, the parties meet and confer to attempt to resolve any disputes related to
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the motion or provide a statement indicating that no conference was held, accompanied by a
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certification by the moving attorney that a good faith effort to hold the conference failed. See Civ.
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L.R. 54-5(b)(1). The meet and confer requirement is not satisfied by “[t]he mere sending of a
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written, electronic, or voice-mail communication. . . . [T]his requirement can only be satisfied
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through direct dialogue and discussion—either in a face to face meeting or in a telephone
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conversation.” Civ. L.R. 1-5(n).
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VGT’s exchange of emails with OEM does not satisfy these local rules. VGT has not
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certified that it tried to confer with OEM via telephone or in person. That said, OEM’s final email
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NO. C 10-04368 RS
ORDER
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communication to VGT about the motion can be read as a refusal to engage in a good faith
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discussion which would operate to relieve VGT of its pre-filing obligations under the local rules.
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Balanced against that interpretation is OEM’s averment that it attempted to contact VGT numerous
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times to discuss the motion, to no avail, and seeks to make a good faith effort to resolve this matter
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through a phone or in person conference.
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Accepting that representation at face value, within two weeks from the date of this order, the
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parties must meet and confer telephonically or in person regarding the attorney’s fees motion. By
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April 5, 2013, they must file a certification that this telephone conversation or meeting has taken
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place and indicate if the matter has been resolved. VGT’s attorneys’ fees motion will remain under
For the Northern District of California
United States District Court
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submission in the interim.
IT IS SO ORDERED.
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Dated: 3/22/13
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE
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NO. C 10-04368 RS
ORDER
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