Martifer-Silverado Fund I, LLC v. Zhongli Science and Technology Group Co., Ltd et al
Filing
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ORDER by Judge Yvonne Gonzalez Rogers denying 53 Motion for Leave to File Motion for Reconsideration. (fs, COURT STAFF) (Filed on 10/16/2020)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MARTIFER-SILVERADO FUND I, LLC,
Plaintiff,
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ORDER DENYING MOTION FOR LEAVE TO
FILE MOTION FOR RECONSIDERATION
vs.
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CASE NO. 19-cv-04243-YGR
ZHONGLI SCIENCE AND TECHNOLOGY
GROUP CO., LTD., ET AL.,
Re: Dkt. No. 53
Defendants.
United States District Court
Northern District of California
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The Court is in receipt of defendants Zhongli Science and Technology Group Co., Ltd. and
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Suzhou Talesun Solar Technology Co., Ltd.’s motion for leave to file a motion for reconsideration
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of the Court’s September 11, 2020 order denying defendants’ motion to dismiss the first amended
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complaint (Dkt. No. 45). Having carefully considered the motion, the Court finds that defendants
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have not satisfied the requirements of Local Rule 7-9(b)(1)-(3).
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Defendants’ assertion that the Court improperly applied the “purposeful availment” test,
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instead of the “purposeful direction” test, misconstrues the order. Therein, the Court referred to
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both tests, and moreover, its analysis focused almost entirely on evidence of defendants’ actions
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outside the forum state that were directed at the forum, which goes to the showing required under
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the “purposeful direction” test. See Schwarzenegger v. Fred Martin Motor Co., 374 F.3d 797, 803
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(9th Cir. 2004). To the extent the Court referred to “purposeful availment,” it did so to reflect the
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language used and arguments raised in the parties’ own briefing.1
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In any event, under either test, the result is the same. Defendants repeatedly argue that
none of the Court’s findings alone is sufficient to establish personal jurisdiction. The Court,
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The Ninth Circuit also has recognized that courts “often use the phrase ‘purposeful
availment,’ in shorthand fashion, to include both purposeful availment and purposeful direction.”
Schwarzenegger, 374 F.3d at 802.
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however, did not rely on any single fact or jurisdictional theory in isolation, instead considering
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whether the evidence, taken as a whole, demonstrated minimum contacts with the forum. In some
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instances, defendants’ motion misleadingly highlights arguments that the Court merely noted, but
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on which it did not rely in reaching a decision. Defendants also repeat many of the same
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arguments already raised in their prior briefing and considered by the Court.
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Likewise, defendants’ motion largely rehashes the same arguments previously made as to
why they believe Talesun Solar USA Ltd. is a necessary party. None of these arguments warrants
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reconsideration. In particular, the Court firmly rejects defendants’ contention that the order
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“ignore[d] the long list of cases cited” and “overlook[ed] [] controlling authority.” None of the
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decisions cited by defendants on this issue is from the U.S. Supreme Court, the Ninth Circuit, or
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United States District Court
Northern District of California
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even another court in this district. Furthermore, simply because an order does not address every
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case cited in the parties’ briefing does not mean the relevant cases were not properly considered.
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In sum, no material difference in law or fact exists from the time of presentation of the
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initial motion, nor did the Court fail to consider the facts or arguments presented therein. To the
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extent defendants now attempt to reframe their prior arguments, the rules do not allow them a
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second bite of the apple. In any event, the Court does not believe reframing would change the
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outcome. Accordingly, defendants’ motion is denied.
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This Order terminates Docket Number 53.
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IT IS SO ORDERED.
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Dated: October 16, 2020
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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