Silicon Valley Telecom Exchange, LLC v. Verio, Inc et al

Filing 96

INTERIM ORDER ON REQUEST FOR SANCTIONS. Letter Brief due 10/22/2013. Signed by Judge Howard R. Lloyd on 10/15/13. (hrllc1, COURT STAFF) (Filed on 10/15/2013)

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1 *E-Filed: October 15, 2013* 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 For the Northern District of California NOT FOR CITATION 8 United States District Court 7 SAN JOSE DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SILICON VALLEY TELECOM EXCHANGE, LLC, a California corporation, v. Plaintiff, No. C12-00899 HRL INTERIM ORDER ON REQUEST FOR SANCTIONS VERIO INC., a Delaware corporation; NTT AMERICA, INC., a Delaware corporation; and DOES 1 through 25, Defendants. ____________________________________/ In July, the Court issued an order granting in part and denying in part defendants’ motion for sanctions. The Court invited the defendants to submit a supplemental declaration to break down the amount spent on that portion for which the Court stated it was awarding sanctions, and the defendants did so. However, the parties settled and stipulated to dismissal before the Court ordered an award of sanctions. Defendants contend they are still entitled to an award of sanctions. Plaintiff believes that the issue is moot, or alternatively, it requests an opportunity to respond to defendant’s supplemental declaration and that the Court set a date for hearing on this issue. Plaintiff is given seven days from the date of this order to file a letter brief not to exceed three pages to address why the Court should not award sanctions or to oppose defendant’s supplemental declaration. Defendants will have seven days from the filing of plaintiff’s letter brief to respond. The Court does not contemplate holding a hearing in this matter. IT IS SO ORDERED. 1 2 3 Dated: October 15, 2013 HOWARD R. LLOYD UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 For the Northern District of California United States District Court 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 C12-00899 HRL Notice will be electronically mailed to: 2 Brittany N. DePuy 3 Bryan Joseph Wilson 4 Edward F. Cullen 5 Kenneth Alexander Kuwayti 6 Marc Leroy Pinckney 7 Peter H Day pday@mofo.com 8 Peter H Day pday@mofo.com, fsagapolu@mofo.com 9 Stefan Jan Szpajda For the Northern District of California United States District Court 10 11 bdepuy@mofo.com, llontayao@mofo.com bwilson@mofo.com, cfix@mofo.com efcullen@wpclaw.com, bprevost@wpclaw.com KKuwayti@mofo.com, BGomez@mofo.com marcpinckney@gmail.com sszpajda@mofo.com, fsagapolu@mofo.com Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court’s CM/ECF program. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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