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Panasonic Corporation v. Encore Media Services, Inc.

United States District Court, C.D. California, Western Division

June 21, 2016

PANASONIC CORPORATION, et al., Plaintiffs,
v.
ENCORE MEDIA SERVICES, INC., et al., Defendants. AND RELATED COUNTERCLAIMS

          [PROPOSED] FINDINGS OF FACT AND RECOMMENDATIONS TO DISTRICT JUDGE JOHN A. KRONSTADT REGARDING A CONTEMPT CITATION AGAINST MAX OPTICAL DISC, INC. AND MILESTONE ENTERPRISES

          JOHN E. McDERMOTT, Magistrate Judge.

         This Court having taken evidence and heard from Plaintiffs Panasonic Corp., SANYO Electric Co., Ltd., Warner Bros. Home Entertainment Inc. and Mitsubishi Electric Corp. (collectively "Plaintiffs") on June 17, 2016, makes the following FINDINGS:

         1. This is a patent case. Plaintiffs sued Defendant Encore Media Services, Inc. ("Encore") and other defendants for patent infringement on March 19, 2015. See ECF No. 1.

         2. Entry of default was recorded against Encore on March 8, 2016. See ECF No. 93.

         3. Encore's address as provided to the California Secretary of State is 24853 Avenue Rockefeller, Valencia, CA 91355, and its CEO is Ping Liu. See ECF No. 97-5.

         4. Encore, Max Optical Disc, Inc. ("Max Optical") and Milestone Enterprises ("Milestone") are related companies, and Plaintiffs have reasonably sought discovery of Plaintiffs' purported damages resulting from patent infringement by Encore by serving subpoenas on Max Optical and Milestone. Both Max Optical and Milestone failed to respond to the subpoenas. See ECF No. 97 (Plaintiffs' Ex Parte Application For Order To Enforce Plaintiffs' Subpoenas To Max Optical Disc, Inc. And Milestone Enterprises) and ECF 97-1 (supporting declaration and exhibits attached thereto).

         5. Max Optical's business and registered agent address as provided to the California Secretary of State is 24865 Avenue Rockefeller, Valencia, CA 91355, and its CEO and Registered Agent is Ting Hua Yu. See ECF No. 97-6.

         6. Milestone's business and registered agent address as provided to the California Secretary of State is 24865 Avenue Rockefeller, Valencia, CA 91355, and its CEO is Ping Liu and its Registered Agent is Yun Zhong Jin. See ECF No. 97-11.

         7. Service of Plaintiffs' Ex Parte Application For Order To Enforce Plaintiffs' Subpoenas was duly served on Max Optical and Milestone. See ECF No. 105, including ECF No. 97-20 and ECF No. 98, referenced therein.

         8. On April 29, 2016, this Court issued an Order enforcing Plaintiffs' subpoenas. See ECF No. 106.

         9. On May 2, 2016, the Order enforcing Plaintiffs' subpoenas was duly hand served on both Max Optical and Milestone at 24865 Avenue Rockefeller, Valencia, CA 91355. See ECF No. 111.

         10. Both Max Optical and Milestone failed to respond to the Order enforcing Plaintiffs' subpoenas. See ECF No. 116 (Plaintiffs' Ex Parte Application For An Order To Show Cause Why A Contempt Citation Should Not Issue And Request For Hearing Date And Attorney Fees And Costs), ECF 116-1 (supporting declaration and exhibits attached thereto), and ECF 118, Exhibits A and B (certificates of hand service of Ex Parte Application).

         11. On May 23, 2016, this Court issued an Order to show cause why Max Optical and Milestone should not be held in civil contempt for failing to comply with the Court's Order. See ECF No. 117.

         12. On May 24, 2016, the Order to Show Cause was duly hand served on both Max Optical and Milestone at 24865 Avenue Rockefeller, Valencia, ...


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