Opinion
No. 2:09-cv-03065-MCE-KJM.
July 23, 2010
ORDER
Through this action Plaintiff Daniel Jurin ("Plaintiff") alleges several violations of state and federal law arising out of the use of the trademarked name "Styrotrim" as a suggested keyword in the "AdWords" program operated by Defendant Google, Inc. ("Defendant"). Pursuant to Federal Rule of Civil Procedure 41(d), on March 1, 2010 this Court ordered Plaintiff (Docket No. 19) to pay to Defendant the attorney's fees and costs incurred in previous litigation on a nearly identical Complaint filed and voluntarily dismissed in the Central District of California. Plaintiff was directed to pay the amount of $6,030.52 not later than twenty days after the electronic filing of the Court's Order.
To date Plaintiff has failed to remit payment. Presently before the Court is Motion by Defendant to Stay proceedings until the awarded costs of previous litigation are recouped. In light Plaintiff's failure to comply with the Court's mandate, Defendant's Motion to Stay Proceedings (Docket No. 23) is GRANTED.
Because oral argument will not be of material assistance, the Court ordered this matter submitted on the briefing. E.D. Cal. Local Rule 230(g).
This action is hereby stayed for a period of twenty (20) days. Plaintiff is once again ordered to pay costs for the previous action brought against Defendant not later than twenty (20) days after the date this Memorandum and Order is filed electronically, and further instructed to file Notice with the Court that such costs have been paid. If notification of payment is not filed within said twenty (20) day period, without further notice from the Court, Plaintiff's claims will be dismissed without leave to amend.
IT IS SO ORDERED.