Speed Track, Inc. v. Amazon.com, Inc. et al

Filing 352

ORDER TO SHOW CAUSE to Barnes & Noble. Show Cause Response due by 2/8/2019. ORDER Continuing Hearing on 347 Motion For Sanctions to 3/7/2019 01:30 PM in Oakland, Courtroom 4, 3rd Floor before Magistrate Judge Kandis A. Westmore. Signed by Judge Kandis A. Westmore on 1/28/2019. (kawlc1, COURT STAFF) (Filed on 1/28/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SPEEDTRACK, INC.,

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Plaintiff,
v.

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AMAZON.COM, INC., et al.,

ORDER TO SHOW CAUSE; ORDER
CONTINUING FEBRUARY 7, 2019
HEARING
Re: Dkt. No. 350

Defendants.

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United States District Court
Northern District of California

Case No. 4:09-cv-04479-JSW (KAW)

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On January 3, 2019, SpeedTrack, Inc. filed a motion for sanctions against Defendant

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Barnes & Noble Booksellers, Inc. based on violations of the undersigned’s July 6, 2018 order

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pertaining to source code production. (Dkt. No. 347.) On January 18, 2019, the Court granted the

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parties’ request to extend the briefing schedule, such that Barnes & Noble’s opposition would be

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due on January 21, 2019, while maintaining SpeedTrack’s January 24, 2019 deadline to file its

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reply. (Dkt. No. 350 at 2.)
To date, Barnes & Noble has not filed an opposition or notice of non-opposition. Pursuant

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to the undersigned’s standing order, “[t]he failure of the opposing party to file a memorandum of

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points and authorities in opposition to any motion shall constitute consent to the granting of the

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motion.” (Judge Westmore’s General Standing Order ¶ 22.)
Accordingly, Barnes & Noble is ordered, on or before February 8, 2019, 1) to file an

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opposition or statement of non-opposition to the motion for sanctions, and 2) to file a response to

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this order to show cause explaining why it did not file a timely opposition pursuant to the agreed

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upon briefing schedule. SpeedTrack may file a reply within 7 days should an opposition be filed.

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Additionally, the February 7, 2019 hearing date is continued to March 7, 2019.

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IT IS SO ORDERED.

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Dated: January 28, 2019
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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