HM Electronics, Inc. v. R.F. Technologies, Inc.
| HM Electronics, Inc. |
| R.F. Technologies, Inc. |
| 3:2012cv02884 |
| December 4, 2012 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Michael M. Anello |
| William McCurine |
| Trademark |
| 15 U.S.C. ยง 44 Trademark Infringement |
| Plaintiff |
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Filing
420
ORDER granting in part and denying in part 295 Redacted Joint MOTION for Issue Sanctions and Evidentiary Sanctions Against Dfts Pursuant to FRCP 37(b), Adverse Inference Instructions Re: Dfts' Withholding of Documents and Spoliation of Evidenc e, Finding of Contempt against Dfts, Award of Expenses by HM Electronics, Inc., and granting 414 the Court's sua sponte Motion for Sanctions under Rule 26(g). As provided in the attached Order, Defendant R.F. Technologies, Inc. ("RFT&qu ot;), Defendant Babak Noorian, and attorney Thomas O'Leary of the LeClairRyan, LLP law firm, are subject to sanctions under Fed. R. Civ. P. 26(g). Defendant RFT, the law firm of LeClairRyan, LLP and attorney Thomas O'Leary are subject to s anctions under Rule 37. All reasonable attorney's fees and costs incurred by Plaintiff in collecting discovery from Defendants beginning on October 18, 2013, the date of the first false discovery certifications and responses, are recoverable as sanctions. A final Order with the actual amount and the apportionment of the sanctions will be issued following submission by Plaintiff of a statement of fees and costs together with supporting documentation and declarations as required by law. Pl aintiff is to submit this information, in the form of a motion for fees and costs, no later than August 24, 2015. Defendants may respond no later than September 8, 2015. The Court will set the matter for hearing, if appropriate, after reviewing the papers. The Court DENIES Plaintiff's Motion insofar as it requests that this Court certify a finding of civil contempt. The Court also GRANTS Plaintiff's Motion insofar as it requests that this Court RECOMMEND to the district court, in t he event this case proceeds to trial, that the district court instruct the jury that certain facts shall be deemed admitted and provide an adverse inference instruction to the jury. Objections to this Recommendation must be filed within 14 days of notification to the Court that the noticed settlement of this action will not be consummated. Signed by Magistrate Judge Mitchell D. Dembin on 8/7/15. (Dembin, Mitchell)
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Filing
302
ORDER granting in part and denying in part Plaintiff's 233 Motion to Exclude the Expert Report of Dr. Aimee Drolet Rossi. Pla's motion in granted in part, and Court orders all portions of Dr. Aimee Drolet Rossi's report that do not conradict or rebut the opinions of Dr. Susan Schwartz McDonald to be stricken from the record. To the extent Dr. Rossi's report contradicts or rebuts the opinions of Dr. McDonald, Pla's motion is denied. Signed by Judge Cynthia Bashant on 4/17/2015. (jah)
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Filing
251
ORDER granting 203 Motion for Sanctions and Motion Award of Expenses; granting 204 Motion for Order to Show Cause and Motion Award of Expenses. The Magistrate Judge certifies findings for the District Judge to consider whether contempt procee dings are appropriate. Pla and its attys are ordered to pay Dft's reasonably incurred fees necessitated in bringing the motion against Pla in the amount of $8,875. CE and its attys are ordered to pay Dft's reasonably incurred fees nece ssitated by bringing the motion against CE in the amount of $2,475; granting in part and denying in part 209 Joint Motion for Determination of Discovery Dispute; granting 217 Motion to File Documents Under Seal; denying in part 219 Ex Par te Motion to Specially Set Conference to Address Defendants' Violation of Stipulated Protective Order. Court also construes the motion as a request to amend the Protective Order. The Motion to Amend the Protective Order is granted; granting in p art and denying in part 222 Motion to File Documents Under Seal; granting in part 224 Ex Parte Motion to Shorten Time to Bring Motion to Strike or Exclude Plaintiff's Supplemental Disclosures. The Motion to Strike or Exclude Pla's Sup plemental Disclosures is deemed filed as of 11/11/2014 and Pla's opposition to the Motion to Shorten Time is also construed as opposition to the Motion to Strike Supplemental Disclosures. Dft's Motion to Strike Pla's Supplemental Disclosures is denied; granting 225 Motion to File Documents Under Seal. Signed by Magistrate Judge Mitchell D. Dembin on 12/15/2014. (jah)
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Filing
186
ORDER granting in part and denying in part 105 Motion to Compel Plaintiff to Produce Documents and Requesting Sanctions. Signed by Magistrate Judge Jill L. Burkhardt on 7/3/14. (cge)
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| Plaintiff: HM Electronics, Inc. | |
| Represented By: | Callie A Bjurstrom |
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| Defendant: R.F. Technologies, Inc. | |
| Represented By: | Mark C. Goldenberg |
| Represented By: | Keith Glen Wileman |
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