Zody v. Microsoft Corp.

Full title: S. ZODY, Plaintiff, v. MICROSOFT CORPORATION, Defendant.

Court: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Date published: May 1, 2013

Case No.: C-12-00942-YGR (N.D. Cal. May. 1, 2013)

Opinion

Case No.: C-12-00942-YGR

05-01-2013

S. ZODY, Plaintiff, v. MICROSOFT CORPORATION, Defendant.

YVONNE GONZALEZ ROGERS

ORDER DENYING DEFENDANT'S MOTION FOR

EVIDENTIARY SANCTIONS AND NOTICE

REGARDING PRE-FILING CONFERENCE FOR

SUMMARY JUDGMENT

For the reasons stated at the hearing on April 30, 2013, Defendant Microsoft Corporation's Motion for Evidentiary Sanctions (Dkt. No. 57) is hereby DENIED WITHOUT PREJUDICE. The Court will determine at a later time whether an adverse inference instruction and/or other evidentiary or monetary sanctions are appropriate.

As to Defendant's letter requesting a pre-filing conference for summary judgment, such conference and motion appear premature. Based on discussions with the parties on April 30, 2013, there are numerous discovery issues outstanding. In addition, the pleadings on the counterclaim are not yet settled. The parties may request a pre-filing conference at a later time, when discovery is complete and the pleadings are settled. For these reasons, the Court DECLINES to schedule a pre-filing conference at this time.

This Order terminates Dkt. No. 57.

IT IS SO ORDERED.

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YVONNE GONZALEZ ROGERS

UNITED STATES DISTRICT COURT JUDGE