SPECS USA Corp. v. SPECS Surface Nano Analysis GmbH et al
Filing
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Order by Magistrate Judge Donna M. Ryu granting 134 Administrative Motion to Correct Clerical Error and Awarding Additional Sanctions. (dmrlc1, COURT STAFF) (Filed on 12/6/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California
United States District Court
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SPECS USA CORP,
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Plaintiffs,
v.
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SPECS SURFACE NANO,
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No. C 10-04250 DMR
ORDER GRANTING DEFENDANTS’
ADMINISTRATIVE MOTION TO
CORRECT CLERICAL ERROR AND
AWARDING ADDITIONAL
SANCTIONS
Defendants.
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On September 18, 2012, the court granted Defendants Specs USA Corp. and Rickmer Kose’s
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motion for sanctions for discovery violations by Plaintiffs SPECS GmbH and SPECS Inc. [Docket
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Nos. 83 (Sanctions Mot.), 96 (Order Granting Mot. for Sanctions.] In its September 18 order, the
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court did not set forth the amount of the sanctions award pending the receipt of additional briefing.
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On October 30, 2012, following receipt of the briefing, the court issued an order awarding
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Defendants a total of $39,185.44 as sanctions in the form of attorneys’ fees and costs incurred by
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Defendants in May and July 2012. [Docket No. 121 (Order Awarding Sanctions).] Although
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Defendants requested an award of fees and costs incurred in June 2012 in connection with the
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discovery violations, they did not submit billing records for June 2012. As a result, the court was
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unable to determine whether the hours claimed for June 2012 were compensable, and therefore did
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not award Defendants any fees incurred in that month. (Order Awarding Sanctions 3.) The court
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noted that “[a]lthough Exhibit F to [Defendants’ counsel’s] declaration [in support of the motion for
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sanctions] purport[ed] to be billing records through June 30, 2012, it [was] actually billing records
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through May 31, 2012. The court [was] unable to locate billing records for the month of June 2012
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in the papers submitted by Defendants.” (Order Awarding Sanctions 3 n.2; see Decl. of Macaulay in
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Supp. of Defs.’ Mot. for Rule 37 Sanctions, Ex. F (Docket 83-1), July 24, 2012.)
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Now before the court is Defendants’ Administrative Motion to Correct E-Filing and Clarify
143.] In Defendants’ administrative motion, they seek permission to correct the erroneously e-filed
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Exhibit F to Defendants’ counsel’s declaration in support of the motion for sanctions, and have
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submitted the missing June 2012 billing records. (Defs.’ Mot. 1; Decl. of Macaulay in Supp. of
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Defs.’ Administrative Mot. to Correct E-Filing, Ex. K, Nov. 2, 2012.) According to Defendants,
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For the Northern District of California
Order Awarding Sanctions, to which Plaintiffs have submitted an opposition. [Docket Nos. 134,
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United States District Court
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when filing their motion for sanctions and supporting documents, they inadvertently uploaded one
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invoice twice and failed to attach the billing records for June 2012 as Exhibit F. Contrary to
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Plaintiffs’ assertions, Defendants do not make any new arguments in support of their sanctions
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motion, nor do they seek reconsideration of the court’s October 30, 2012 order. Instead, they seek
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permission to correct a clerical error and ask the court to consider the omitted billing records in
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connection with their sanctions motion. Defendants’ motion is granted. The court deems the new
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exhibit containing the billing records for June 2012 as substituted for the erroneously-filed original
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Exhibit F and will consider the new exhibit as part of Defendants’ original motion for sanctions.
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Upon review of the now-complete record of Defendants’ motion for sanctions, the court
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finds that the hours billed for work performed in June 2012 by attorneys Brendan Macaulay and Chi
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Soo Kim and project manager Genesis Alejandro were related to the parties’ certification of their
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document production, Defendants’ second motion to compel, work regarding Plaintiffs’ ongoing
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document production deficiencies, and Defendants’ sanctions motion. The court finds that none of
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the hours were unnecessary, duplicative, or excessive, and finds that the hourly rates sought by
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Defendants’ counsel and support staff – $395 for Mr. Macaulay, $370 for Ms. Kim, and $190 for
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Mr. Alejandro – are well within the range of reasonable hourly rates for attorneys and support staff
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of comparable skill, experience and reputation litigating similar cases in the San Francisco Bay
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Area. Accordingly, the court awards Defendants $23,341.50 in sanctions representing attorneys’
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fees and costs incurred in June 2012. This sum is in addition to the $39,185.44 the court previously
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awarded Defendants on October 30, 2012, and shall be paid by Plaintiffs and/or their counsel to
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Defendants within 30 days of this order.
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ERED
ORD
T IS SO
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Dated: December 6, 2012
. Ryu
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United States Magistrate Judge
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For the Northern District of California
United States District Court
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