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

Filing 95

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SANCTIONS. Signed by Judge Maxine M. Chesney on 02/12/2018.

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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GLASS EGG DIGITAL MEDIA,
Plaintiff,

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v.

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United States District Court
Northern District of California

Case No. 17-cv-04165-MMC

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GAMELOFT, INC., et al.,

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Defendants.

ORDER GRANTING IN PART AND
DENYING IN PART DEFENDANT'S
MOTION FOR SANCTIONS
Re: Dkt. No. 59

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Before the Court is defendant Gameloft, Inc.’s Motion for Sanctions, filed

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December 12, 2018. Plaintiff Glass Egg Digital Media has filed opposition, to which

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Gameloft has replied. The matter came on regularly for hearing on February 9, 2018.

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Matthew Frankel, Robert A. Weikert, and Conor McNamara of Nixon Peabody LLP

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appeared on behalf of defendant. Q. Huy Do of KyZen Law appeared on behalf of

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plaintiff.

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As set forth on the record at the hearing, the Court finds plaintiff’s counsel, by

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sending the challenged correspondence, violated Rule 5-100 of the California Rules of

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Professional Conduct, and that sanctions may be imposed. The Court now rules on the

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particular sanctions requested.

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In light of plaintiff’s counsel’s explanation for his sending the challenged

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correspondence, his representation to the Court, as an officer of the court, that no similar

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written or oral communication has been made, and the emails exchanged by the parties

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prior to the filing of the instant motion, including plaintiff’s counsel’s offer therein to meet

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with opposing counsel and the Court, either telephonically or in person, for instructions

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regarding the challenged correspondence, the motion is GRANTED in part and DENIED

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in part as follows:

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1. To the extent defendant seeks an order prohibiting plaintiff’s counsel from

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“engaging in any similar communications with any witness or party” (see Proposed Order

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at 3:2-3), the motion is hereby GRANTED.

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2. In all other respects, the motion is hereby DENIED.

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IT IS SO ORDERED.

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United States District Court
Northern District of California

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Dated: February 12, 2018
MAXINE M. CHESNEY
United States District Judge

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