Oracle America, Inc. v. Service Key, LLC et al

Filing 264

ORDER Requiring Declaration and Resetting Hearing on Motion for Sanctions. Motion Hearing reset for 8/6/2013 10:00 AM before Magistrate Judge Nandor J. Vadas. Signed by Magistrate Judge Nandor J. Vadas on 7/11/2013. (njvlc1S, COURT STAFF) (Filed on 7/11/2013)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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EUREKA DIVISION
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ORACLE AMERICA, INC., a Delaware
corporation,

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For the Northern District of California

United States District Court

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Plaintiff,

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v.

No. 4:12-CV-0790 SBA (NJV)
ORDER REQUIRING DECLARATION
AND RESETTING HEARING ON
MOTION FOR TERMINATING
SANCTIONS

SERVICE KEY, LLC, a Georgia limited
liability company; ANGELA VINES; DLT
FEDERAL BUSINESS SYSTEMS
CORPORATION, a Delaware corporation, and
DOES 1-15,
Defendants.
___________________________________/

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Pending before the Court is the Motion for Terminating Sanctions, or, in the Alternative, for

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an Adverse Inference Instruction, filed June 13, 2013, by Plaintiff Oracle America (“Oracle”).

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(Docket no. 226.) The Court finds that additional information is required for the resolution of this

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motion. Accordingly, Catherine Prosser, President and Chairman of the Board of DLT Federal

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Business Systems Corporation (“DLT-FBS”), shall personally provide a Declaration, signed under

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penalty of perjury, answering the following questions:

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1)

Does the person referred to as “Michael Johnson” in this litigation actually exist?

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2)

Does the person referred to as “Michael Johnson” legally use that name? If not, who used

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“Michael Johnson” to sign contracts and/or emails? Describe who created the alias, for what

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purpose, and how it was used during the period at issue in this litigation.

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3)
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If Michael Johnson exists, when was he employed by DLT-FB?
If Michael Johnson exists, what was his role as an employee of DLT-FBS?

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If Michael Johnson exists, but was not employed by DLT-FB, describe his connection with

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DLT-FBS.

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If Michael Johnson exists, describe why no documents were produced reflecting his

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employment by DLT-FBS.

5 Ms. Prosser’s Declaration shall be filed with the Court no later than 4:00 p.m. on July 19, 2013.
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The hearing set for July 16, 2013, is HEREBY RESET for August 6, 2013, at 10:00. The

7 parties may appear telephonically, using the telephone number provided in the Court’s prior order.
8 IT IS SO ORDERED.
9 Dated: July 11, 2013
NANDOR J. VADAS
United States Magistrate Judge

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For the Northern District of California

United States District Court

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