DEPCOM Power, Inc. v. CSUN Solar, Inc. et al

Filing 162

ORDER TO SHOW CAUSE RE DISCOVERY SANCTIONS. Order to Show Cause Hearing set for 11/22/2019 09:30 AM.. Signed by Chief Magistrate Judge Joseph C. Spero on 11/6/19. (klhS, COURT STAFF) (Filed on 11/6/2019)

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BRADLEY ARANT BOULT CUMMINGS LLP
T. Parker Griffin, Admitted Pro Hac Vice
J. Mark Adams, Jr., Admitted Pro Hac Vice
1819 Fifth Avenue North
Birmingham, AL 35203
Telephone: [phone]
Email:
[e-mail]
Email:
[e-mail]

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FINESTONE HAYES LLP
Jennifer C. Hayes (197252)
Ryan A. Witthans (301432)
456 Montgomery Street, 20th Floor
San Francisco, California 94104
Telephone: [phone]
Facsimile:
[phone]
Email:
[e-mail]
Email:
[e-mail]

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Counsel for Judgment Creditor,
DEPCOM Power, Inc.

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UNITED STATES DISTRI CT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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DEPCOM POWER, INC., a Delaware
corporation,
Plaintiff and Judgment Creditor,
vs.
CSUN SOLAR, INC., a California
corporation, and CHINA ELECTRIC
EQUIPMENT GROUP CO. LTD., a Chinese
entity,

Case No. 4:18-cv-00729-JST (JCS)
[PROPOSED] ORDER TO SHOW
CAUSE RE DISCOVERY SANCTIONS
Hearing:
Date: November 22, 2019
Time: 9:30 AM
Place: 450 Golden Gate Ave.
Floor 15, Courtroom G
San Francisco, CA 94102

Defendants and Judgment Debtors,
and

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SUNERGY CALIFORNIA LLC,
Intervenor and Alleged Alter Ego.

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ORDER TO SHOW CAUSE RE DISCOVERY SANCTIONS

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On October 8, 2019, the Court entered its Order Following Discovery Hearing (the

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“Order”). ECF 128. The Order required China Sunergy (US) Clean Tech Inc. (“CSUN Clean

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Tech”) to comply with DEPCOM Power, Inc.’s (“DEPCOM”) subpoena dated August 6, 2019

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(the “Subpoena”), and to produce documents required by that subpoena on or before October 25,

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2019.

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On October 30, 2019, DEPCOM filed its Notice of Noncompliance with Order Following

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Discovery Hearing (ECF 128) and Request for Entry of Order to Show Cause re Discovery

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Sanctions (the “Request for OSC”). The Court, having read and considered the Request for OSC

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and the supporting declaration, and upon due consideration and good cause appearing, the Court

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hereby orders as follows:
1.

CSUN Solar is ordered to show cause on November 22, 2019, at 9:30 AM, in

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Courtroom G, 15th Floor, 450 Golden Gate Avenue, San Francisco, CA, 94102, why they

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should not be held in contempt of Court, and be subject to other sanctions including but not limited

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to attorneys’ fees and costs, for its failure to comply with the Order.

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2.

Plaintiff is ORDERED to serve a copy of this order on CSUN Solar in the manner

provided under the Federal Rule of Civil Procedure within seven (7) days of the date of this Order.
IT IS SO ORDERED.

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Dated: November 6, 2019
JOSEPH C. SPERO
CHIEF MAGISTRATE JUDGE

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ORDER TO SHOW CAUSE RE DISCOVERY SANCTIONS

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