Technology & Intellectual Property Strategies Group PC v. Fthenakis et al

Filing 54

ORDER by Judge Maria-Elena James denying 49 Motion for Sanctions (cdnS, COURT STAFF) (Filed on 10/31/2011)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 Northern District of California 6 7 TECHNOLOGY & INTELLECTUAL PROPERTY STRATEGIES GROUP PC, 8 Plaintiff, 9 No. C 11-2373 MEJ ORDER DENYING PLAINTIFF’S MOTION FOR SANCTIONS v. Dkt. No. 49 BASIL P. FTHENAKIS, et al., 11 Defendants. _____________________________________/ 12 For the Northern District of California UNITED STATES DISTRICT COURT 10 13 On October 26, 2011, Plaintiff Technology & Intellectual Property Strategies Group PC filed 14 a Motion for Sanctions, with a noticed hearing date of December 1, 2011. Dkt. No. 49. Pursuant to 15 Civil Local Rule 7-1(b), the Court finds this matter suitable for disposition without oral argument and 16 hereby VACATES the December 1 hearing. In its motion, Plaintiff directs the Court’s attention to 17 five statements Defendant Basil Fthenakis made in a declaration that it contends are false. Plaintiff 18 argues that Defendant should be sanctioned for this alleged perjury with the dismissal with prejudice 19 of his counterclaim. However, upon review of Plaintiff’s motion, the Court finds that Plaintiff has 20 not established any perjury; instead, it has shown that questions of fact exist regarding the 21 termination form at issue in this case. Plaintiff’s motion does not conclusively resolve these 22 questions, which are properly resolved in the context of a summary judgment motion or trial. 23 Accordingly, Plaintiff’s motion is DENIED. 24 IT IS SO ORDERED. 25 26 Dated: October 31, 2011 27 28 _______________________________ Maria-Elena James Chief United States Magistrate Judge

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