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Case 3:17-cv-07210-SK Document 165 Filed 01/07/20 Page 1 of 2

4 UNITED STATES DISTRICT COURT

5 NORTHERN DISTRICT OF CALIFORNIA

7 MARTIN CALVILLO MANRIQUEZ, et Case No. 17-cv-07210-SK


al.,
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Plaintiffs, ORDER GRANTING LEAVE TO FILE
9 MOTION FOR PARTIAL
v. RECONSIDERATION
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ELISABETH DEVOS, et al.,
11 Regarding Docket No. 164
Defendants.
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Northern District of California

On October 24, 2019, this Court issued an order sanctioning Defendants in the amount of
United States District Court

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$100,000 for noncompliance with the preliminary injunction entered in this case. (Dkt. 130.) The
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Court simultaneously ordered Defendants to file monthly compliance reports and tasked the
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parties with developing a plan for distribution of the sanctions fund to the Plaintiff class members
16 injured by Defendants’ conduct. (Id.) Plaintiffs now seek leave to file a motion for partial
17 reconsideration of the Court’s sanctions order. (Dkt. 164.) They argue that, because Defendants’
18 compliance reports have demonstrated noncompliance with the preliminary injunction far in
19 excess of that originally estimated, the Court should revisit the amount of sanctions imposed on
20 Defendants. (Id.)

21 Pursuant to Civil Local Rule 7-9, a party may move for leave to file a motion for

22 consideration if that party shows “reasonable diligence in bringing the motion and,” as relevant

23 here, “[t]he emergence of new material facts” since the time of the original order. The Court’s
ability to reconsider “any order or other decision, however designated, that adjudicates fewer than
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all the claims or the rights and liabilities of fewer than all the parties […] at any time before the
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entry of a judgment adjudicating all the claims” is confirmed in Federal Rule of Civil Procedure
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54(b). The compliance reports filed by Defendants have introduced new material facts that are
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directly relevant to the amount of sanctions appropriate to compensate for Defendants’ flagrant
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Case 3:17-cv-07210-SK Document 165 Filed 01/07/20 Page 2 of 2

1 and continuing violation of the preliminary injunction. Accordingly, the Court HEREBY

2 GRANTS Plaintiffs’ motion for leave to file a motion for partial reconsideration. Plaintiffs shall

3 file their motion for partial reconsideration no later than January 8, 2020. Defendants’ response
shall be due no later than January 15, 2020. Plaintiffs’ reply shall be due no later than January 22,
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2020.
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IT IS SO ORDERED.
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Dated: January 7, 2020
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______________________________________
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SALLIE KIM
9 United States Magistrate Judge

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Northern District of California
United States District Court

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