Stanley Black & Decker, Inc. et al v. D&L Elite Investments, LLC et al

Filing 138

ORDER. Signed by Magistrate Judge Laurel Beeler on 1/16/2014. (ls, COURT STAFF) (Filed on 1/16/2014)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division
STANLEY BLACK & DECKER, INC., and
THE BLACK & DECKER CORPORATION,

No. C 12-04516 SC (LB)

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Plaintiffs,
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v.
ORDER

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D&L ELITE INVESTMENTS, LLC, a
California limited liability company d/b/a G
BAY INTERNATIONAL; BILLY DENG, an
individual; WEISHEN LUO, an individual;
and JOHN DOES 1-10, inclusive,
Defendants.
_____________________________________/

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The court held a hearing on January 16, 2014 and set the following briefing schedule on Black &
Decker's Motion for Default Judgment and Terminating Sanctions. See ECF No. 136.

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Opposition Due :

January 28, 2014

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Optional Reply Due:

February 4, 2014

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Hearing:

February 20, 2014 at 9:30 a.m.

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As discussed in court, Mr. Harrison must file the email string sent to the court. The most recent

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email on that string is Mr. Deng's email of January 16, 2014 at 9:54 a.m. The string includes Mr.

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Deng's cancellation of the deposition by email dated January 10, 2014 at 7:43 a.m.

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Defendants are warned that their continued failure to appear for their depositions or participate

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in the discovery in this case may be grounds for monetary or other appropriate sanctions, including

C 12-04516 SC (LB)
ORDER

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terminating sanctions and a default judgment against them. See 11/21/13 Order, ECF No. 126

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(warning of sanctions); 12/9/13 Order, ECF No. 130 (same).

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Defendants’ counsel must inform Defendants of the sanctions already requested by Plaintiffs and
the possibility of other sanctions including the following: (a) the attorney’s fees asked for in the

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joint letter brief; (b) the possibility of other monetary sanctions for refusal to cooperate with

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discovery; (c) an adverse inference drawn against them at trial for their failure to respond to the

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court’s orders and for destruction of Mr. Deng’s computer; and (d) ultimately, a case-dispositive

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sanction that would result in a judgment in favor of Plaintiffs and against Defendants. Defendants’

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counsel must provide a copy of this order to Defendants by January 27, 2014 and must provide a

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declaration about what he has done to notify them as part of any opposition or statement of non-

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opposition to the motion for default judgment and discovery sanctions.

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For the Northern District of California

UNITED STATES DISTRICT COURT

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The court also notes that Mr. Hornstein or Mr. Harrison still represent Mr. Deng and the other

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defendants until the district judge relieves them of that obligation. That being said, any defendants

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may appear at the hearing now set for February 20, 2014 at 9:30 a.m.

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IT IS SO ORDERED.
Dated: January 16, 2014

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_______________________________
LAUREL BEELER
United States Magistrate Judge

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C 12-04516 SC (LB)
ORDER

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