Cellspin Soft, Inc. v. Fitbit, Inc.

Filing 74

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for Monday, 4/2/2018 03:01 PM. Show Cause Response due by Monday, 3/26/2018. Signed by Judge Yvonne Gonzalez Rogers on 3/22/2018. (fs, COURT STAFF) (Filed on 3/22/2018)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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CELLSPIN SOFT, INC.

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Plaintiff,

ORDER TO SHOW CAUSE

v.
Case No. 17-cv-05928-YGR
FITBIT, INC.

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Defendant.

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v.
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Case No. 17-cv-05929-YGR

MOOV, INC.
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Defendant.
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v.
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Case No. 17-cv-05931-YGR

NIKE, INC.,
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Defendant.
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v.
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Case No. 17-cv-05933-YGR

FOSSIL GROUP, INC. ET AL
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Defendant.
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v.
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Case No. 17-cv-05934-YGR

GARMIN INTERNATIONAL INC. ET AL
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Defendant.
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v.
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Case No. 17-cv-05938-YGR

CANNON U.S.A., INC.
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Defendant
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v.

Defendant.

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Case No. 17-cv-05939-YGR

GOPRO, INC.

v.
Case No. 17-cv-05941-YGR

PANASONIC CORPORATION OF NORTH AMERICA
Defendant.

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v.

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JK IMAGING, LTD.

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Case No. 17-cv-06881-YGR
Defendant.

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The Court is in receipt of plaintiff’s response to defendants’ supplemental brief in support of motion
to dismiss. (Dkt, No. 73.)1 By way of background, on December 22, 2017, this Court set a briefing
schedule for defendants’ motion to dismiss with a hearing date of March 6, 2018. (Dkt No. 23.) On March
2, 2017, plaintiff filed amended complaints in the above-captioned matters. At the hearing held on March 6,
2018, defense counsel asked the Court whether the Court required “additional papers addressing” the
amended complaints. (Dkt. No. 68 at 51:23–24.) The Court responded that a supplemental brief “would be
helpful to close the loop” and ordered counsel to file said brief by Monday, March 12, 2018. (Id. at 51:25–
52:1.) Defendants filed an omnibus supplemental brief on March 12, 2018. (Dkt. No. 64.)
On March 20, 2018, plaintiff filed a response to defendants’ supplemental brief without seeking prior
Court approval. (Dkt. No. 73.) Pursuant to Local Rule 7-3(d), “[o]nce a reply is filed, no additional
memoranda, papers or letters may be filed without prior Court approval, except” for objections to reply
evidence or to “[b]efore the hearing date . . . [to] bring o the Court’s attention a relevant judicial opinion
published after the date the opposition or reply was filed.” Here, counsel failed to seek “prior Court
approval” before filing the supplemental brief.

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All citations to docket entries refer to Cellspin Soft Inc. v. Fitbit, Inc., 17-cv-05928-YGR.
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Accordingly, plaintiff is hereby ORDERED TO SHOW CAUSE as to why plaintiff’s response to

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defendants’ supplemental brief should not be stricken or plaintiff should not be sanctioned $250 for failure

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to follow Court rules by Monday, March 26, 2018. The hearing on the order to show cause will be held on

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Monday, April 2, 2018 at 3:01 p.m. If the Court is satisfied with plaintiff’s response to the order to show

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cause or if plaintiff pays the sanctions, the hearing will be taken off calendar.

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IT IS SO ORDERED.
Dated: March 22, 2018
______________________________________
YVONNE GONZALEZ ROGERS
United States District Court Judge

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