Innovation Ventures LLC et al v. Pittsburg Wholesale Grocers Inc et al

Filing 303

ORDER DENYING MOTION FOR SANCTIONS AND VACATING HEARING by Judge Alsup denying 86 Motion for Sanctions; finding as moot 125 Motion to Dismiss for Lack of Jurisdiction (whalc1, COURT STAFF) (Filed on 4/10/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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No. C 12-05523 WHA

INNOVATION VENTURES, LLC, et al.,
Plaintiffs,
v.

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PITTSBURG WHOLESALE GROCERS,
INC., et al.,

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ORDER DENYING MOTION
FOR SANCTIONS AND
VACATING HEARING

Defendants.
/

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Defendants Pittsburg Wholesale Grocers, Inc. and Pacific Groservice, Inc. (“Pitco”) filed

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a motion for sanctions based on plaintiffs’ violation of a seizure order and a discovery order

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(Dkt. No. 86). Plaintiffs oppose on the merits and have also filed a motion to dismiss or stay the

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motion for sanctions (Dkt. 125). Plaintiffs argue that the merits of the motion for sanctions are

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intertwined with issues currently on appeal, and that this Court therefore lacks jurisdiction to

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decide the motion for sanctions.

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Discovery in this action is ongoing. The equities of the motion for sanctions may be

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affected by the conduct of the parties and the development of the evidence as this action moves

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forward. Pitco’s motion is therefore DENIED WITHOUT PREJUDICE. Pitco is granted leave to re-

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file the motion after the close of evidence at trial when the factual record is complete.

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Proceeding in this manner may obviate the jurisdictional issue raised in plaintiffs’ motion
to dismiss or stay because the appeal may be decided in the interim. Although the court of

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appeals has not yet set a date for oral argument, plaintiffs’ appeal is fully briefed. For now,

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plaintiffs’ motion to dismiss or stay is DENIED AS MOOT. The April 18 hearing is VACATED.

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IT IS SO ORDERED.

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Dated: April 10, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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