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GIBSON BRANDS, INC. v. JOHN HORNBY SKEWES & CO. LTD., CV 14-00609 DDP (SSx). (2016)

Court: District Court, C.D. California Number: infdco20160823519 Visitors: 4
Filed: Aug. 22, 2016
Latest Update: Aug. 22, 2016
Summary: ORDER [DOCKET NUMBER 143] DEAN D. PREGERSON , District Judge . The Motion for Reconsideration is denied. The moving party does correctly note, however, that "subjective bad faith" is not required for the imposition of sanctions. See Fink v. Gomez, 239 F.3d 989 , 993-994 (9th Cir. 2001). To the extent that the court's prior Order implies a reliance on the absence of subjective bad faith, the court has reexamined the parties' evidence and arguments and now clarifies that the Motion for S
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ORDER

[DOCKET NUMBER 143]

The Motion for Reconsideration is denied.

The moving party does correctly note, however, that "subjective bad faith" is not required for the imposition of sanctions. See Fink v. Gomez, 239 F.3d 989, 993-994 (9th Cir. 2001). To the extent that the court's prior Order implies a reliance on the absence of subjective bad faith, the court has reexamined the parties' evidence and arguments and now clarifies that the Motion for Sanctions is denied because JHS's conduct did not rise to the level of "bad faith or conduct tantamount to bad faith." Id. at 994. Additionally, the motion for reconsideration is denied because the moving party failed to comply with Local Rule 7-3.

IT IS SO ORDERED.

Source:  Leagle

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