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

Filing 355

ORDER by Judge Kandis A. Westmore terminating 346 Administrative Motion to File Under Seal; terminating 347 Motion for Sanctions. ORDER Discharging 352 Order to Show Cause. (kawlc1, COURT STAFF) (Filed on 1/30/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SPEED TRACK, INC.,

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

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Plaintiff,

ORDER TERMINATING MOTIONS
AND DISCHARGING ORDER TO
SHOW CAUSE

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United States District Court
Northern District of California

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v.
AMAZON.COM, INC., et al.,

Re: Dkt. Nos. 346, 347, 352

Defendants.

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On January 3, 2019, SpeedTrack, Inc. filed a motion for sanctions against Barnes & Noble

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Booksellers, Inc., which was accompanied by a related motion to seal. (Dkt. Nos. 346 & 347.) On

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January 18, 2019, the Court granted the parties’ request to extend the briefing schedule. (Dkt. No.

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350 at 2.) Barnes & Noble did not file a timely opposition, despite the stipulated briefing

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scheduled, so the undersigned issued an order to show cause on January 28, 2019. (Dkt. No. 352.)

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On January 29, 2019, Barnes & Noble and SpeedTrack filed a joint stipulation of dismissal

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with prejudice, in which they agreed to waive attorneys’ fees and costs. The stipulation was

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entered on January 30, 2019. (Dkt. No. 354.)

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Since the stipulation of dismissal was silent as to the pending motion for sanctions, and the

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parties have not communicated otherwise, the Court must assume that the motion is mooted by the

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stipulation of dismissal. Accordingly, the motion for sanctions (Dkt. No. 347) and the motion to

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seal (Dkt. No. 346) are TERMINATED. Additionally, the order to show cause is DISCHARGED.

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IT IS SO ORDERED.
Dated: January 30, 2019
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KANDIS A. WESTMORE
United States Magistrate Judge