Global Touch Solutions, LLC v. Toshiba Corporation et al

Filing 110

ORDER re Sanctions. Signed by Judge James Donato on 5/24/2017. (jdlc1S, COURT STAFF) (Filed on 5/24/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 GLOBAL TOUCH SOLUTIONS, LLC, Plaintiff, 8 9 10 v. TOSHIBA CORPORATION, et al., United States District Court Northern District of California 11 Defendants. 12 GLOBAL TOUCH SOLUTIONS, LLC, Plaintiff, 13 14 15 v. VIZIO INC., 16 Defendant. 17 GLOBAL TOUCH SOLUTIONS, LLC, 18 19 20 Plaintiff, v. APPLE INC., 21 Defendant. 22 GLOBAL TOUCH SOLUTIONS, LLC, 23 24 25 26 27 28 Case Nos. 15-cv-02746-JD; 15-cv-02747-JD; 15-cv-02748-JD; 15-cv-02749-JD; 15-cv02750-JD Plaintiff, v. MOTOROLA MOBILITY LLC, Defendant. ORDER RE SANCTIONS 1 GLOBAL TOUCH SOLUTIONS, LLC, Plaintiff, 2 v. 3 4 MICROSOFT CORPORATION, et al., Defendants. 5 6 On May 8, 2017, the Court directed plaintiff Global Touch Solutions, LLC to submit by 7 8 May 11, 2017, a specific list of claims for each patent that the PTAB invalidated so that the Court 9 could enter final judgment. Dkt. Nos. 86, 88, 89, 108, 112. Global Touch Solutions failed to respond in any way. On May 15, 2017, the Court directed Global Touch Solutions and its counsel 11 United States District Court Northern District of California 10 to show cause in writing by May 22, 2017, “why the Court should not impose monetary or other 12 sanctions, including attorney discipline, for the failure to respond.” Dkt. Nos. 87, 89, 90, 109, 13 113. Global Touch Solutions and counsel, Marjie D. Barrows, again failed to respond. Our District’s Local Rules set the standards required of counsel authorized to practice here. 14 15 See, e.g., Civil Local Rule 11-4(a). These standards include adhering to the Court’s orders and 16 properly discharging counsel’s professional obligations to her clients, among other basic 17 requirements. The Court has broad discretion to impose sanctions for conduct inconsistent with these 18 19 standards. The Ninth Circuit has recognized that monetary sanctions are appropriate for failure to 20 follow local rules and repeated “flouting of court rules.” See Washburn v. Morgado, 332 F. App’x 21 380, 383 (9th Cir. 2009) (internal quotation omitted). Consequently, in light of Barrows’ persistent disregard for the Court’s orders, she is 22 23 sanctioned in the amount of $250.00, to be paid to the Clerk of the Court, Office of the Clerk, 24 United States District Court, 450 Golden Gate Avenue, San Francisco, CA 94102-3489, by June 25 23, 2017. Barrows must file proof of payment within three days of payment. 26 // 27 // 28 // 2 1 2 3 4 For the same reason, the Court refers Barrows to the District’s Standing Committee on Professional Conduct for attorney disciplinary proceedings. Civil Local Rule 11-6(a)(1). IT IS SO ORDERED. Dated: May 24, 2017 5 6 JAMES DONATO United States District Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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