Zody v. Microsoft Corporation

Filing 79

ORDER by Judge Yvonne Gonzalez Rogers denying without prejudice 57 Motion for Evidentiary Sanctions and Notice Regarding Pre-Filing Conference for Summary Judgment. (fs, COURT STAFF) (Filed on 5/1/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Case No.: C-12-00942-YGR

S. ZODY,

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Plaintiff,

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vs.

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MICROSOFT CORPORATION,

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ORDER DENYING DEFENDANT’S MOTION FOR
EVIDENTIARY SANCTIONS AND NOTICE
REGARDING PRE-FILING CONFERENCE FOR
SUMMARY JUDGMENT

Defendant.

Northern District of California

United States District Court

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For the reasons stated at the hearing on April 30, 2013, Defendant Microsoft Corporation’s
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Motion for Evidentiary Sanctions (Dkt. No. 57) is hereby DENIED WITHOUT PREJUDICE. The Court
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will determine at a later time whether an adverse inference instruction and/or other evidentiary or
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monetary sanctions are appropriate.
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As to Defendant’s letter requesting a pre-filing conference for summary judgment, such
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conference and motion appear premature. Based on discussions with the parties on April 30, 2013,
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there are numerous discovery issues outstanding. In addition, the pleadings on the counterclaim are
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not yet settled. The parties may request a pre-filing conference at a later time, when discovery is
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complete and the pleadings are settled. For these reasons, the Court DECLINES to schedule a pre22

filing conference at this time.
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This Order terminates Dkt. No. 57.
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IT IS SO ORDERED.
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Dated: May 1, 2013

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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE