Products and Ventures International v. Axus Stationary (Shanghai) Ltd. et al

Filing 132

ORDER STRIKING CERTAIN FILINGS; ORDER TO SHOW CAUSE RE: MOTION TO STRIKE; SETTING COMPLIANCE HEARING re 119 125 129 STIPULATION WITH PROPOSED ORDER CONTINUING HEARING ON MOTION TO DISMISS, 128 MOTION to Strike. The Court STRIKES Dock et numbers 119 and 125 from the record. ORDER TO SHOW CAUSE: Order to Show Cause Hearing re Dkt. no. 128 is set for Friday, 12/9/2016 09:01 AM. Show Cause Response due by 12/2/2016. Compliance hearing re intent to withdraw filing is set for Frida y, 12/9/2016 09:01 AM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Stipulation or Joint Statement filed by 12/2/2016. Court DENIES stipulation at Dkt. no. 129. Signed by Judge Yvonne Gonzalez Rogers on 11/29/16. (fs, COURT STAFF) (Filed on 11/29/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PRODUCTS & VENTURES INTERNATIONAL,

Case No. 16-cv-00669-YGR

Plaintiff,
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v.
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AXUS STATIONARY (SHANGHAI) LTD., ET
AL.,

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United States District Court
Northern District of California

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ORDER STRIKING CERTAIN FILINGS;
ORDER TO SHOW CAUSE RE: MOTION TO
STRIKE; SETTING COMPLIANCE HEARING

Defendants.

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Re: Dkt. No. 119, 125, 128, 129

On November 7, 2016, plaintiff filed its opposition to defendants’ motion to dismiss. (Dkt.

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No. 112.) In connection with plaintiff’s opposition, it also filed Objections to Evidence Cited by

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Defendants in Support of Motion to Dismiss Amended Complaint. (Dkt. No. 119.) On November

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21, 2016, defendants responded to such objections. (Dkt. No. 125.) Such filings are in violation

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of the Civil Local Rules of the Northern District of California. Local Rule 7-3 provides that any

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“evidentiary and procedural objections to the motion must be contained within the brief or

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memorandum.” Civil L.R. 7-3(a), (c) (emphasis supplied). Accordingly, the Court STRIKES

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Docket Numbers 119 and 125 from the record.

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Similarly, on November 21, 2016, defendants filed a purported Motion to Strike

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Declarations of Ronghua Liao and Julian Russell pursuant to Federal Rule of Civil Procedure

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44.1. (Dkt. No. 128.) However, the filing appears to be nothing more than an attempt to

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circumvent Local Rule 7-3 referenced above, which does not authorize said “motion to strike.”

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Accordingly, defendants are ORDERED TO SHOW CAUSE why such motion should not be

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summarily denied without prejudice. The Court SETS a hearing on this Order to Show Cause for

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Friday, December 9, 2016 in the Federal Building, 1301 Clay Street, Oakland, California,

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Courtroom 1 at 9:01 a.m. By December 2, 2016, defendants must file a written response to this

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Order to Show Cause. If the Court is satisfied with defendants’ submission, it may vacate the

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hearing. Failure to file a written response will constitute an admission that the same should be

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denied.

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Given the several deficiencies in the parties’ filings, the Court will entertain a request from

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the parties to withdraw the filings on the pending motion to dismiss (Dkt. No. 106), to be refiled in

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a procedurally proper manner according to a mutually agreeable briefing schedule. The Court

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SETS a compliance hearing for Friday, December 9, 2016 at 9:01 a.m. regarding the parties’

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intent to withdraw such filings. By December 2, 2016, the parties must file either (i) a stipulation

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withdrawing the pending motion and suggesting an amended briefing schedule for defendants’

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motion to dismiss or (ii) a JOINT STATEMENT indicating that the parties will proceed on the current
record. If compliance is complete, the parties need not appear and the Court may vacate the

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United States District Court
Northern District of California

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compliance hearing.

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The Court notes this is the parties’ first violation. Further violations of this rule will result
in monetary sanctions.
The Court DENIES the parties’ stipulation requesting that the hearing on defendants’
motion to dismiss and motion to strike be continued. (Dkt. No. 129.)

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This Order terminates Docket Number 129.

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IT IS SO ORDERED.

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Dated: November 29, 2016

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______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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