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I.E.I Company, et al v. Advance Cultural Education

UNITED STATES DISTRICT COURT Northern District of California Oakland Division


January 4, 2011

I.E.I COMPANY, ET AL.,
PLAINTIFFS,
v.
ADVANCE CULTURAL EDUCATION, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Laurel Beeler United States Magistrate Judge

ORDER CONTINUING JANUARY 20, 2011 HEARING AND SETTING BRIEFING SCHEDULE

On December 9, 2010, this court issued an order finding that Defendants had violated Federal Rules of Civil Procedure 33 and 34 and the court's prior discovery orders by not responding to Plaintiffs' interrogatories and document requests. 12/09/10 Order, ECF No. 101 at 4. At the December 9, 2010 discovery hearing, Plaintiffs indicated that they intended to file a motion for 21 sanctions. As a result, the court's December 9 order established the following briefing schedule for 22 Plaintiffs' motion:

Motion due date: December 16, 2010

Opposition due date: December 30, 2010

Optional reply due date: January 6, 2011

Hearing date: January 20, 2011, 11 a.m.

See id. at 5.

Plaintiffs filed a motion for sanctions on December 16, 2010. Motion, ECF No. 103. In their motion, Plaintiffs ask the court to impose case dispositive sanctions, among other things, as a 2 consequence of Defendants' failure to cooperate in discovery. Id. at 16-22. At the November 18 and 3 December 9, 2010 discovery hearings and in the court's November 19 and December 9, 2010 orders, 4 the court informed Defendants that failure to comply with discovery orders could result in sanctions 5 including case dispositive sanctions. See 11/18/10 Tr., ECF No. 99 at 36:23 -- 37:5; 12/9/10 Tr., 6 ECF No. 106 at 11:6 -- 12:5; 11/19/10 Order, ECF No. 96 at 5; 12/9/10 Order, ECF No. 101 at 5.

On December 29, 2010, the district court granted defense counsel's motion to withdraw from the 8 case as counsel of record for Defendants. 12/29/10 Order, ECF No. 107 at 1. Because one of the 9 defendants is a corporation that may not appear in the case without counsel, the district court ordered 10 Defendants to provide notice of substitution of counsel no later than February 4, 2011. Id.

In light of the gravity of the sanctions requested by Plaintiffs in this case, the court HEREBY 12 CONTINUES oral argument on Plaintiffs' motion for sanctions and extends the corresponding briefing schedule to provide Defendants with sufficient opportunity to acquire new counsel and to file an opposition to the motion. The court sets the following schedule:

Opposition due date: February 17, 2011

Optional reply due date: February 24, 2011

Hearing date: 17 March 17, 2011, 11 a.m.

The hearing set for January 20, 2011 is HEREBY VACATED. This briefing schedule will 19 remain in effect regardless of whether Defendants obtain new counsel. The court again warns Defendants that failure to comply with the court's orders may result in sanctions that may include 21 entry of default judgment.

IT IS SO ORDERED.

20110104

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