Embry v. ACER America Corporation

Filing 282

ORDER by Judge Ronald M. Whyte denying 277 Motion for Further Sanctions.(rmwlc1, COURT STAFF) (Filed on 10/22/2012)

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E-FILED on 10/22/2012

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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KEVIN EMBRY, an individual, on behalf of
himself, the general public and those similarly
situated,

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Plaintiff,

No. C-09-01808 JW

ORDER DENYING PLAINTIFF'S MOTION
FOR FURTHER SANCTIONS

v.
ACER AMERICA CORPORATION; AND
DOES 1 THROUGH 50,

[Re Docket No. 277]

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Defendants.
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Plaintiff moves for further sanctions against objector Christopher Bandas ("Bandas"), who

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failed to comply with an earlier order of the court to either post an appellate bond or dismiss his

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appeal of the approval of class action settlement. It appears that Bandas filed a motion for voluntary

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dismissal of the appeal on September 28, 2012, the same day plaintiff filed the instant motion, and

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the appeal has been dismissed by the Ninth Circuit. (See Dkt. No. 280.) Since Bandas has now

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complied with the court's earlier order, the court finds that further sanctions are unwarranted.

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Accordingly, the motion for further sanctions is DENIED, and the motion hearing on October 26,

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2012 is VACATED.

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DATED:
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October 22, 2012
RONALD M. WHYTE
United States District Judge

ORDER DENYING PLAINTIFF'S MOTION FOR FURTHER SANCTIONS—No. C-09-01808 JW
LJP