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Technology & Intellectual Property Strategies Group Pc v. Basil P. Fthenakis

UNITED STATES DISTRICT COURT Northern District of California


October 31, 2011

TECHNOLOGY & INTELLECTUAL PROPERTY STRATEGIES GROUP PC,
PLAINTIFF,
v.
BASIL P. FTHENAKIS, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Maria-Elena James Chief United States Magistrate Judge

ORDER DENYING PLAINTIFF'S MOTION FOR SANCTIONS

Dkt. No. 49

a Motion for Sanctions, with a noticed hearing date of December 1, 2011. Dkt. No. 49. Pursuant to 15 Civil Local Rule 7-1(b), the Court finds this matte D 16 hereby VACATES the December 1 hearing. In its motion, Plaintiff directs the Court's attention to

On October 26, 2011, Plaintiff Technology & Intellectual Property Strategies Group PC filed

r suitable for disposition without oral argument and

five statements Defendant Basil Fthenakis made in a declaration that it contends are false. Plaintiff argues that Defendant should be sanctioned for this alleged perjury with the dismissal with prejudice 19 of his counterclaim. However, upon review of Plaintiff's motion, the Court finds that Plaintiff has

20 not established any perjury; instead, it has shown that questions of fact exist regarding the 21 termination form at issue in this case. Plaintiff's motion does not conclusively resolve these 22 questions, which are properly resolved in the context of a summary judgment motion or trial. 23 Accordingly, Plaintiff's motion is DENIED. 24 IT IS SO ORDERED.

20111031

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