Glass Egg Digital Media v. Gameloft, Inc. et al

Filing 95


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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 GLASS EGG DIGITAL MEDIA, Plaintiff, 10 v. 11 United States District Court Northern District of California Case No. 17-cv-04165-MMC 12 GAMELOFT, INC., et al., 13 Defendants. ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SANCTIONS Re: Dkt. No. 59 14 15 Before the Court is defendant Gameloft, Inc.’s Motion for Sanctions, filed 16 December 12, 2018. Plaintiff Glass Egg Digital Media has filed opposition, to which 17 Gameloft has replied. The matter came on regularly for hearing on February 9, 2018. 18 Matthew Frankel, Robert A. Weikert, and Conor McNamara of Nixon Peabody LLP 19 appeared on behalf of defendant. Q. Huy Do of KyZen Law appeared on behalf of 20 plaintiff. 21 As set forth on the record at the hearing, the Court finds plaintiff’s counsel, by 22 sending the challenged correspondence, violated Rule 5-100 of the California Rules of 23 Professional Conduct, and that sanctions may be imposed. The Court now rules on the 24 particular sanctions requested. 25 In light of plaintiff’s counsel’s explanation for his sending the challenged 26 correspondence, his representation to the Court, as an officer of the court, that no similar 27 written or oral communication has been made, and the emails exchanged by the parties 28 prior to the filing of the instant motion, including plaintiff’s counsel’s offer therein to meet 1 with opposing counsel and the Court, either telephonically or in person, for instructions 2 regarding the challenged correspondence, the motion is GRANTED in part and DENIED 3 in part as follows: 4 1. To the extent defendant seeks an order prohibiting plaintiff’s counsel from 5 “engaging in any similar communications with any witness or party” (see Proposed Order 6 at 3:2-3), the motion is hereby GRANTED. 7 2. In all other respects, the motion is hereby DENIED. 8 9 IT IS SO ORDERED. 10 United States District Court Northern District of California 11 Dated: February 12, 2018 MAXINE M. CHESNEY United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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