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)

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 SPEED TRACK, INC., Case No. 4:09-cv-04479-JSW (KAW) 8 Plaintiff, ORDER TERMINATING MOTIONS AND DISCHARGING ORDER TO SHOW CAUSE 9 10 United States District Court Northern District of California 11 v. AMAZON.COM, INC., et al., Re: Dkt. Nos. 346, 347, 352 Defendants. 12 13 On January 3, 2019, SpeedTrack, Inc. filed a motion for sanctions against Barnes & Noble 14 Booksellers, Inc., which was accompanied by a related motion to seal. (Dkt. Nos. 346 & 347.) On 15 January 18, 2019, the Court granted the parties’ request to extend the briefing schedule. (Dkt. No. 16 350 at 2.) Barnes & Noble did not file a timely opposition, despite the stipulated briefing 17 scheduled, so the undersigned issued an order to show cause on January 28, 2019. (Dkt. No. 352.) 18 On January 29, 2019, Barnes & Noble and SpeedTrack filed a joint stipulation of dismissal 19 with prejudice, in which they agreed to waive attorneys’ fees and costs. The stipulation was 20 entered on January 30, 2019. (Dkt. No. 354.) 21 Since the stipulation of dismissal was silent as to the pending motion for sanctions, and the 22 parties have not communicated otherwise, the Court must assume that the motion is mooted by the 23 stipulation of dismissal. Accordingly, the motion for sanctions (Dkt. No. 347) and the motion to 24 seal (Dkt. No. 346) are TERMINATED. Additionally, the order to show cause is DISCHARGED. 25 26 27 28 IT IS SO ORDERED. Dated: January 30, 2019 __________________________________ KANDIS A. WESTMORE United States Magistrate Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?