Reddy v. Nuance Communications, Inc. et al

Filing 306

OMNIBUS ORDER DENYING MOTIONS FOR FEES, SANCTIONS, AND LEAVE TO APPEAL IN FORMA PAUPERIS by Judge Paul S. Grewal denying 275 ; denying 280 ; denying 302 . (psglc1S, COURT STAFF) (Filed on 12/21/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KRISHNA REDDY,
Plaintiff,

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OMNIBUS ORDER DENYING
MOTIONS FOR FEES, SANCTIONS,
AND LEAVE TO APPEAL IN FORMA
PAUPERIS

v.

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NUANCE COMMUNICATIONS, INC.,

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United States District Court
Northern District of California

Case No. 5:11-cv-05632-PSG

Defendant.

(Re: Docket No. 275, 280, 302)

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Plaintiff Krishna Reddy and Defendants Nuance Communications, Inc. et al. present

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assorted motions,1 all of which are DENIED.

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I.

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On September 4, 2015, the court entered judgment.2 At that time, the court invited

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Defendants to submit a motion for fees and costs incurred since the final pretrial conference.3

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Under Civ. L.R. 54-1(a) and 54-5(a), the deadline to file a bill of costs or a motion for fees is 14

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days from the entry of judgment, or in this case, by September 18, 2015.4 Defendants untimely

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moved for fees and costs on October 15, 2015,5 well after the deadline. Their motion for fees is

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DENIED.

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See Docket Nos. 275, 280, 302.

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See Docket Nos. 269.

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See Docket No. 268 at 6.

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See Civ. L.R. 54-1(a), 54-5(a).

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See Docket No. 275.

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Case No. 5:11-cv-05632-PSG
OMNIBUS ORDER DENYING MOTIONS FOR FEES, SANCTIONS, AND LEAVE TO
APPEAL IN FORMA PAUPERIS

II.

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After Defendants moved for fees, Reddy moved for sanctions, entry of default judgment

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and disbarment of Defendants’ attorneys.6 The basis for her request is that Defendants’ motion

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fell outside the 14 days allotted by Civ. L.R. 54-5(a).7 Reddy argues that the requested sanctions

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are proper under Civ. L.R. 1-4, which provides that “[f]ailure by counsel or a party to comply with

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any duly promulgated local rule or any Federal Rule may be a ground for imposition of any

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authorized sanction.”8 Defendants’ motion was untimely and has been denied for that reason; the

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extreme penalties that Reddy requests are unwarranted. Her motion is DENIED.
III.

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Finally, Reddy again requests leave to appeal in forma pauperis.9 The court denied her last

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United States District Court
Northern District of California

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request10 on the ground that her appeal was frivolous.11 The Ninth Circuit then denied her motion

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to proceed in forma pauperis on appeal because it found that Reddy had not demonstrated

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indigence and because her appeal was frivolous.12 Reddy now has filed an in forma pauperis

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application with information on her finances,13 but she has provided no basis for reconsidering the

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court’s prior assessment of her appeal as frivolous. This motion is DENIED.

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See Docket No. 280.

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See id. at 6.

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See id. at 3, 6.

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See Docket No. 302.

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See Docket No. 271.

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See Docket No. 276 at 4.

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See Docket No. 301 at 1.

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See Docket No. 302.

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Case No. 5:11-cv-05632-PSG
OMNIBUS ORDER DENYING MOTIONS FOR FEES, SANCTIONS, AND LEAVE TO
APPEAL IN FORMA PAUPERIS

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SO ORDERED.

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Dated: December 21, 2015

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_________________________________
PAUL S. GREWAL
United States Magistrate Judge

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United States District Court
Northern District of California

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Case No. 5:11-cv-05632-PSG
OMNIBUS ORDER DENYING MOTIONS FOR FEES, SANCTIONS, AND LEAVE TO
APPEAL IN FORMA PAUPERIS