Opinion
CV 10-9176 RSWL (MANx)
10-25-2011
NANO-SECOND TECHNOLOGY CO., LTD., a Taiwanese Corporation Plaintiff, v. DYNAFLEX INTERNATIONAL, a California Corporation Defendant.
ORDER Re: Defendant Dynaflex International's
Ex Parte Application to Strike Plaintiff NanoSecond's Supplemental
Declaration and for Sanctions [50]
Before the Court is Defendant Dynaflex International's ("Defendant") Ex Parte Application to Strike Plaintiff Nano-Second's ("Plaintiff") Supplemental Declaration and for Sanctions [50]. Defendant requests that the Court strike a Supplemental Declaration that Plaintiff submitted four days before the Court's September 14, 2011 hearing on Plaintiff's Motion for Preliminary Injunction. This Supplemental Declaration, however, was not pertinent to the Court's analysis on Plaintiff's Motion for Preliminary Injunction. Accordingly Defendant's Ex Parte Application to Strike Plaintiff Nano-Second's ("Plaintiff") Supplemental Declaration is DENIED AS MOOT.
Furthermore, the Court DENIES Defendant's request for sanctions as the Court does not find that Plaintiff acted in bad faith in filing the Supplemental Declaration four days before the hearing.
IT IS SO ORDERED.
HONORABLE RONALD S.W. LEW
Senior, U.S. District Court Judge