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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1 2 3 4 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: 205-521-8000 Email: pgriffin@bradley.com Email: madams@bradley.com 5 6 7 8 9 FINESTONE HAYES LLP Jennifer C. Hayes (197252) Ryan A. Witthans (301432) 456 Montgomery Street, 20th Floor San Francisco, California 94104 Telephone: (415) 616-0466 Facsimile: (415) 398-2820 Email: jhayes@fhlawllp.com Email: rwitthas@fhlawllp.com 10 11 Counsel for Judgment Creditor, DEPCOM Power, Inc. 12 UNITED STATES DISTRI CT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 OAKLAND DIVISION 15 16 17 18 19 20 21 22 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 23 24 25 SUNERGY CALIFORNIA LLC, Intervenor and Alleged Alter Ego. 26 27 28 ORDER TO SHOW CAUSE RE DISCOVERY SANCTIONS 1 On October 8, 2019, the Court entered its Order Following Discovery Hearing (the 2 “Order”). ECF 128. The Order required China Sunergy (US) Clean Tech Inc. (“CSUN Clean 3 Tech”) to comply with DEPCOM Power, Inc.’s (“DEPCOM”) subpoena dated August 6, 2019 4 (the “Subpoena”), and to produce documents required by that subpoena on or before October 25, 5 2019. 6 On October 30, 2019, DEPCOM filed its Notice of Noncompliance with Order Following 7 Discovery Hearing (ECF 128) and Request for Entry of Order to Show Cause re Discovery 8 Sanctions (the “Request for OSC”). The Court, having read and considered the Request for OSC 9 and the supporting declaration, and upon due consideration and good cause appearing, the Court 10 11 hereby orders as follows: 1. CSUN Solar is ordered to show cause on November 22, 2019, at 9:30 AM, in 12 Courtroom G, 15th Floor, 450 Golden Gate Avenue, San Francisco, CA, 94102, why they 13 should not be held in contempt of Court, and be subject to other sanctions including but not limited 14 to attorneys’ fees and costs, for its failure to comply with the Order. 15 16 17 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. 18 19 20 21 Dated: November 6, 2019 JOSEPH C. SPERO CHIEF MAGISTRATE JUDGE 22 23 24 25 26 27 28 ORDER TO SHOW CAUSE RE DISCOVERY SANCTIONS 1

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