Heller v. Cepia L.L.C. et.al.

Filing 77

DISCOVERY ORDER re 75 Opposition/Response to Motion,, filed by Jason G. Heller. Signed by Judge Maria-Elena James on 12/13/2011. (cdnS, COURT STAFF) (Filed on 12/13/2011)

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UNITED STATES DISTRICT COURT

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Northern District of California

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JASON G. HELLER,

No. C 11-1146 MEJ
Plaintiff,

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v.
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ORDER RE: PLAINTIFF’S
OPPOSITION TO DEFENDANT’S EX
PARTE APPLICATION

CEPIA L.L.C., et al.,
Re: Docket No. 75

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Defendants.
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On December 12, 2011, Plaintiff Jason G. Heller filed an Opposition to Defendant Cepia,

14 L.L.C.’s Ex Parte Motion for Leave to Submit Ex Parte Declarations. Dkt. No. 75. In his opposition,
15 Plaintiff argues that Defendant failed to comply with the Court’s December 5 Order, which denied
16 Defendant’ motion for leave to file a motion for a protective order and required the parties to meet
17 and confer in person and thereafter file a joint letter in accordance with the undersigned’s discovery
18 standing order. Dkt. No. 70. However, in its Order, the Court ordered that if either party wished to
19 submit an expert declaration and the other party objects, the requesting party shall file an ex parte
20 request. Id. Accordingly, Plaintiff’s argument is without merit. Plaintiff’s request for sanctions is
21 denied on that ground as well. Plaintiff’s request for sanctions is also denied because he failed to
22 comply with the undersigned’s discovery standing order in that his request for sanctions did not come
23 in the form of a separate motion.
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IT IS SO ORDERED.

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26 Dated: December 13, 2011
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_______________________________
Maria-Elena James
Chief United States Magistrate Judge