Embotteladora Electropura S.A. de C.V. v. Accutek Packaging Equipment Company, Inc. et al
Filing
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ORDER Denying Joint Motion to Strike Jury Verdict and Granting Joint Motion to Dismiss Case With Prejudice ( 170 , 173 , 147 ). Signed by Judge Gonzalo P. Curiel on 9/23/20. (dlg)
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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EMBOTTELADORA ELECTROPURA
S.A. de C.V., an El Salvador Corporation,
ORDER DENYING JOINT MOTION
TO STRIKE JURY VERDICT AND
GRANTING JOINT MOTION TO
DISMISS CASE WITH PREJUDICE
Plaintiff,
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Case No.: 3:16-cv-00724-GPC-MSB
v.
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ACCUTEK PACKAGING EQUIPMENT
COMPANY, INC., a California
Corporation,
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Defendant.
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[ECF Nos. 170, 173, 174]
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On May 20, 2020, Plaintiff Embotteladora Electropura (“Plaintiff”) and Defendant
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Accutek Packaging Equipment Company (“Defendant”) (collectively, “Parties”) settled
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the case. ECF No. 168. On September 14, 2020, the Parties filed a joint motion to
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dismiss the case with prejudice and to strike the jury verdicts pursuant to the settlement
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negotiate by the Parties. ECF No. 170. On September 17, 2020, the Court ordered the
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Parties to file a memorandum of points and authorities identifying the authority for
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striking the jury verdicts. ECF No. 172. On September 21, 2020, Plaintiff and Defendant
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each filed a response to the Court’s order. ECF Nos. 173, 174.
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3:16-cv-00724-GPC-MSB
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Defendant argues that the Court has the inherent authority to strike the jury verdict
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from the record pursuant to its power to control the docket. ECF No. 173 at 2–3 (citing
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Ready Transp., Inc. v. AAR Mfg., Inc., 627 F.3d 402, 404 (9th Cir. 2010)). Defendant
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states that the purpose of the Parties’ stipulation to strike the jury verdict was to preserve
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Defendant’s busines reputation. Id. at 3. Plaintiff states that it “was unable to locate any
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statutory or decisional law which authorizes or empowers this Court to strike lawfully
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rendered and entered jury verdicts from the official record of the trial proceedings in this
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action.” ECF No. 174 at 2.
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A court’s power to control its docket, including the ability to strike a filing from
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the docket as a sanction for improper litigation conduct, does not give it free reign to
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strike documents from the public record at the request of the parties. District courts are
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not required to vacate a prior order in order to facilitate settlement. See Bates v. Union
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Oil Co., 944 F.2d 647, 650 (9th Cir. 1991). Although the current joint motion seeks to
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strike the jury verdict, the Court finds case law on motions to vacate court orders
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pursuant to settlement instructive. See Bancorp Mortg. Co. v. Bonner Mall Partnership,
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513 U.S. 18, 29 (1994) (requiring a showing of “exceptional circumstances” to justify
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vacatur of district court judgment when mootness of appeal arose through settlement);
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Am. Games, Inc. v. Trade Prods., Inc., 142 F.3d 1164, 1169–70 (9th Cir. 1998) (finding
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that district courts should weigh the equities when determining whether to vacate a prior
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judgment).
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Like court orders, jury verdicts “are not merely the property of private litigants” to
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be used as bargaining chips in settlement negotiations, but exist in part for public benefit
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and “should stand unless a court concludes that” vacatur is in the public interest. Bonner
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Mall, 513 U.S. at 26–27 (quoting Izumi Seimitsu Kogyo Kabushiki Kaisha v. U.S. Philips
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Corp., 510 U.S. 27, 40 (1993) (Stevens, J., dissenting)). “The public interest in
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preserving the work product of the judicial system should always at least be weighed in
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the balance before . . . a motion [to vacate] is granted.” Izumi, 510 U.S. at 41 (Stevens, J.
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dissenting). A number of district courts have denied motions to vacate an order pursuant
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to settlement. See, e.g., BrightEdge Techs., Inc. v. Searchmetrics, GmbH., No. 14-CV-
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01009-HSG, 2019 WL 1369915, at *2 (N.D. Cal. Mar. 26, 2019) (finding global
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settlement did not constitute exceptional circumstances to vacate judgment and declining
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to exercise equitable discretion to order vacatur); POLAR-Mohr
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Maschinenvertriebsgesellschaft GmbH, Co. KG v. Zurich Am. Ins. Co., No. 17-CV-
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01804-WHO, 2018 WL 8344296, at *1 (N.D. Cal. May 11, 2018) (“The parties also
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stipulated to vacate the Order Regarding Cross-Motions for Summary Judgment . . . . The
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parties lack the authority to agree to vacate court orders, it is not my practice to vacate
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orders as part of a settlement, and I will not vacate the one in question.”); Reynolds v.
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Allstate Ins. Co., No. C-10-4893-SI, 2012 WL 4753499, at *1 (N.D. Cal. Oct. 4, 2012)
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(declining to vacate an order on summary judgment as part of a global settlement).
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Defendant notes only that the stipulation to strike the jury verdict was negotiated as
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a part of the Parties’ settlement and that striking the jury verdict would protect its
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business reputation. In contrast, the public interest generally favors public access to
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judicial records. See Nixon v. Warner Commc’n, Inc., 435 U.S. 589, 597–98 (1978).
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Defendant “make[s] no attempt to hide the fact that [it] seek[s] to ‘buy an eraser for the
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public record’ through conditional settlement.” Gardner v. CafePress Inc., No. 3:13-CV-
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1108-GPC-JLB, 2015 WL 13427727, at *2 (S.D. Cal. Jan. 9, 2015) (citing Am. Games,
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142 F.3d at 1170). The Parties have thus failed to make a showing that the public interest
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warrants striking the jury verdict.
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As to the joint motion to dismiss with prejudice, Plaintiff has joined the motion to
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strike the jury verdict in compliance with the settlement agreement. There was no
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provision that the granting of the joint motion to strike was a condition precedent to the
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motion to dismiss. Therefore, the case can be dismissed.
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3:16-cv-00724-GPC-MSB
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Accordingly, the Court DENIES the Parties’ joint motion to strike the jury verdict.
The Court GRANTS the Parties’ joint motion to dismiss the case with prejudice.
IT IS SO ORDERED.
Dated: September 23, 2020
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