FLIR Systems, Inc. v. Gambaro et al

Filing 212

Order by Judge Anna J. Brown. The Court takes Flirs Motion 191 for Default Judgment and the Courts Supplemental Order 194 to Show Cause under advisement as of September 13, 2011. The Court orders the parties not to make any additional filings until the Court has resolved these pending matters. See attached Order for full text. Copy of Order mailed to Defendant Gambaro on 09/15/2011. (bb)

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON

CIVIL MINUTES

Case No.

3:10-CV-231-BR

Case Title:

FLIR Systems, Inc. v. Gambaro et al

Presiding Judge: Anna J. Brown

Date: September 15, 2011

Courtroom Deputy: Bonnie Boyer
Tele: [phone]
e-mail: [e-mail]

DOCKET ENTRY: Order
At the Show Cause Hearing on August 19, 2011, the Court suspended the parties’ discovery obligations to
permit the Court to resolve Plaintiff Flir’s Motion (#191) for Default Judgment and the Court’s
Supplemental Order (#194) to Show Cause why the Court should not sanction Defendant Gambaro for
repeated violation of Court Orders. At the hearing and by Order (#198) issued on August 19, 2011, the
Court permitted Gambaro to file a response to the Court’s Supplemental Order (#194) to Show Cause and
to Flir’s Motion (#191) for Default Judgment.
On September 1, 2011, Gambaro filed his Motion (#200) for Rule 17D(3) Dismissal of Sanctions and a
Declaration (#201) in support. The Court construes this Motion as a Response to the Court’s
Supplemental Order to Show Cause. No further briefing by the parties is permitted with respect to the
Court’s Order (#194).
On September 1, 2011, as permitted by the Court, Gambaro also filed his Response (#202) to Flir’s
Motion for Default Judgment and his Declaration (#206) in support. On September 12, 2011, Flir filed its
Reply (#207) and a Declaration (#208) in support. Each of these filings were expressly permitted by the
Court in its Order (#198) and at the hearing on August 19, 2011. On September 13, 2011, Gambaro filed
without leave of Court a responsive pleading (#209) to Flir’s Reply and his Declaration (#210) in support,
which is not permitted. The Court, however, will allow Gambaro’s filings and will consider them in
resolving Flir’s Motion for Default Judgment. No further briefing by the parties is permitted with respect
to Flir's Motion (#191) for Default Judgment.
On September 1, 2011, Gambaro also filed his Motion (#203) for Flir Rule 37 Default and two supporting
Declarations (#204, #205). The Court construes Gambaro’s Motion as a Motion to Compel Discovery
and as a Motion for Sanctions for failure to comply with applicable rules of discovery. The Court
reminds the parties it has stayed the parties’ discovery obligations pending the resolution of Flir’s Motion
for Default and the Court’s Supplemental Order to Show Cause. The Court defers resolution of
Gambaro’s Motion (#203) pending resolution of those issues. Flir should not file a responsive pleading at
this time.
cc: ( ) All counsel

DOCUMENT NO:

Civil Minutes
Hon. Anna J. Brown

(Civil CaseMgt MO.wpd)

If Gambaro remains a party in this matter after the Court’s resolution of the pending issues, the Court will
set a schedule to resolve Gambaro’s Motion (#203).
The Court takes Flir’s Motion (#191) for Default Judgment and the Court’s Supplemental Order (#194) to
Show Cause under advisement as of September 13, 2011. The Court orders the parties not to make any
additional filings until the Court has resolved these pending matters.

cc: ( ) All counsel

DOCUMENT NO:

Civil Minutes
Hon. Anna J. Brown

(Civil CaseMgt MO.wpd)