Ogawa v. Normark Enterprises, Inc.

Filing 25

ORDER (1) VACATING SUBMISSION OF MOTION FOR DEFAULT JUDGMENT, (2) RE-SETTING HEARING ON MOTION FOR DEFAULT JUDGMENT, AND (3) SETTING CASE MANAGEMENTCONFERENCE. Set/Reset Deadlines as to 19 MOTION for Default Judgment as to LJS Manufacturing, In c.. Plaintiff supplemental briefing due by 8/19/2011. Motion Hearing set for 8/26/2011 09:00 AM in Courtroom 1, 5th Floor, San Jose before Hon. Edward J. Davila. Case Management Conference set for 8/26/2011 10:00 AM in Courtroom 1, 5th Floor, San Jose. Please see Order for further specifics. Signed by Judge Edward J. Davila on 7/28/2011. (ecg, COURT STAFF) (Filed on 7/28/2011)

1
2
3
4
5
6
7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE NORTHERN DISTRICT OF CALIFORNIA

9

SAN JOSE DIVISION
NO. C 10-04308 EJD

OGAWA,

11

ORDER (1) VACATING SUBMISSION OF
MOTION FOR DEFAULT JUDGMENT,
(2) RE-SETTING HEARING ON MOTION
FOR DEFAULT JUDGMENT, AND (3)
SETTING CASE MANAGEMENT
CONFERENCE

Plaintiff(s),
v.

For the Northern District of California

United States District Court

10

12
NORMARK ENTERPRISES, INC.,
13
Defendant(s).
14
15

/
On July 14, 2011, the Court took Plaintiff Richard T. Ogawa’s (“Plaintiff”) Motion for

16

Default Judgment under submission without oral argument pursuant to Civ. L.R. 7-1(b). The Court

17

hereby VACATES its submission of Plaintiff’s Motion for Default Judgment and resets the hearing

18

as follows: Plaintiff’s Motion for Default Judgment as to LJS Manufacturing, Inc. is re-set for

19

hearing on 8/26/2011 09:00 AM in Courtroom 1, 5th Floor, San Jose before Hon. Edward J.

20

Davila.

21

In light of the recent ruling from the Federal Circuit In re BP Lubricants USA Inc. 637 F.3d

22

1307 (Fed. Cir. 2011), in which the pleading requirements for false marking were clearly articulated

23

to require pleading with particularity pursuant to Fed. R. Civ. P. 9(b), the Court finds that it would

24

benefit from supplemental briefing from Plaintiff on the issue. Accordingly, on or before

25

8/19/2011, Plaintiff shall file a supplemental brief addressing the effect of In re BP Lubricants, Alan

26

Neuman Productions, Inc. v. Albright, 862 F.2d 1388, 1392 (9th Cir. 1988) and any other relevant

27

cases on Plaintiff’s request for default judgment.

28

1
NO. C 10-04308 EJD
ORDER (1) VACATING SUBMISSION OF MOTION FOR DEFAULT JUDGMENT, (2) RE-SETTING HEARING
ON MOTION FOR DEFAULT JUDGMENT, AND (3) SETTING CASE MANAGEMENT CONFERENCE

1

Plaintiff’s Case Management Statement filed on May 5, 2011 requested a Case Management

2

Conference to discuss recent information that has come to the attention of Plaintiff, indicating that

3

another Defendant should be named in the lawsuit that has effectively assumed the product and sale

4

of the products that were previously manufactured and sold by the current Defendant. Accordingly,

5

Plaintiff shall appear to discuss this issue at a Case Management Conference on 8/26/11 at 10:00

6

AM in Courtroom 1, 5th Floor, San Jose before Hon. Edward J. Davila.

7

IT IS SO ORDERED.

8
9

Dated: July 28, 2011
EDWARD J. DAVILA
United States District Judge

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2
NO. C 10-04308 EJD
ORDER (1) VACATING SUBMISSION OF MOTION FOR DEFAULT JUDGMENT, (2) RE-SETTING HEARING
ON MOTION FOR DEFAULT JUDGMENT, AND (3) SETTING CASE MANAGEMENT CONFERENCE