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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*E-Filed: October 15, 2013*

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

NOT FOR CITATION

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United States District Court

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SAN JOSE DIVISION

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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.

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Dated: October 15, 2013
HOWARD R. LLOYD

UNITED STATES MAGISTRATE JUDGE

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For the Northern District of California

United States District Court

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C12-00899 HRL Notice will be electronically mailed to:

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Brittany N. DePuy

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Bryan Joseph Wilson

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Edward F. Cullen

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Kenneth Alexander Kuwayti

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Marc Leroy Pinckney

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Peter H Day

[e-mail]

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Peter H Day

[e-mail], [e-mail]

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Stefan Jan Szpajda

For the Northern District of California

United States District Court

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

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

[e-mail]

[e-mail], [e-mail]

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.

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