Dong Ah Tire & Rubber Co., Ltd v. Glasforms Inc.,

Filing 179

ORDER OVERRULING 177 OBJECTIONS TO MAGISTRATE JUDGE'S ORDER. Signed by Judge Jeremy Fogel on 1/26/09. (jflc3, COURT STAFF) (Filed on 1/27/2009)

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**E-Filed 1/27/09**

IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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Case Number C 06-3359 JF (RS) DONG AH TIRE & RUBBER CO., LTD, Plaintiff, v. RE: Docket No. 177 GLASFORMS, INC., Defendant/Third-Party Plaintiff. v. CTG INTERNATIONAL (NORTH AMERICA) INC., and TAISHAN FIBERGLASS, INC., Third-Party Defendants. ORDER1 OVERRULING OBJECTIONS TO MAGISTRATE JUDGE'S ORDER

Third-party Defendants Taishan Fiberglass, Inc. and CTG International, Inc. (collectively, "Defendants") object to the Magistrate Judge's denial of their motions to compel and for sanctions. The Court carefully has reviewed the motion papers and the Magistrate

This disposition is not designated for publication in the official reports.

C a s e No. C 06-3359 JF (RS) O R D E R OVERRULING OBJECTIONS TO MAGISTRATE JUDGE'S ORDER ( JF L C 3 )

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Judge's order with respect to third-party Plaintiff Glasforms' ("Glasforms") duty to preserve evidence and the adequacy of Glasforms' discovery responses. The Magistrate Judge declined to establish a specific date after which Glasforms was required to preserve evidence in anticipation of the instant litigation, but concluded nonetheless that Glasforms' discovery responses largely were adequate, and that Defendants in any event had waited too long to object to purported inadequacies. Although the Court shares moving parties' concerns about Glasforms' approach to the preservation and production of evidence potentially relevant to this lawsuit, the Court finds, based on the record, that the Magistrate Judge's conclusions were not clearly erroneous or contrary to law. See Fed. R. Civ. P. 72(a). Accordingly, Defendants' objections to the Magistrate Judge's order will be overruled.

IT IS SO ORDERED. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
C a s e No. C 06-3359 JF (RS) O R D E R OVERRULING OBJECTIONS TO MAGISTRATE JUDGE'S ORDER ( JF L C 3 )

DATED: 1/26/09

JEREMY FOGEL United States District Judge

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This Order has been served electronically upon the following persons: April E. Sellers David K. Herzog Eugene Ashley [e-mail] [e-mail] [e-mail], [e-mail],

[e-mail], [e-mail] Jennifer M. Phelps Kevin M. Toner Lisa J. Cummins Noelle Dunn [e-mail], [e-mail] [e-mail], [e-mail] [e-mail]

[e-mail], [e-mail] [e-mail], [e-mail]

Robert A. Christopher 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Sophie N. Froelich Tod C. Gurney

[e-mail], [e-mail]

[e-mail]

Notice has been delivered by other means to: Glasforms Inc., William Whitcom Faulkner McManis, Faulkner & Morgan 50 West San Fernando St., Suite 1000 San Jose, CA 95113

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C a s e No. C 06-3359 JF (RS) O R D E R OVERRULING OBJECTIONS TO MAGISTRATE JUDGE'S ORDER ( JF L C 3 )