§Why CasetextPricing

CTC Global Corporation v. Jason Huang et al

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Default Judgment against Defendants/Counterclaimant Jason Huang, Rulong Cheng, Jianping Huang A/K/A James Huang 168

24 Cited authorities

  1. Bautista v. Los Angeles County

    216 F.3d 837 (9th Cir. 2000)   Cited 1,662 times
    Holding that dismissal for failure to comply with Federal Rules of Civil Procedure is within the court's discretion

  2. Leon v. IDX Systems Corp.

    464 F.3d 951 (9th Cir. 2006)   Cited 768 times   5 Legal Analyses
    Holding that plaintiffs Sarbanes-Oxley claim and Title VII retaliation claims involved the same nucleus of operative facts, including the time, cause, and circumstances of plaintiffs termination

  3. Henry v. Gill Industries, Inc.

    983 F.2d 943 (9th Cir. 1993)   Cited 1,085 times   1 Legal Analyses
    Holding that, in order to justify dismissal under Rule 37, "the losing party's non-compliance must be due to willfulness, fault, or bad faith"

  4. Goodman v. Staples the Office Super-Store, LLC

    644 F.3d 817 (9th Cir. 2011)   Cited 513 times   2 Legal Analyses
    Holding that treating physicians were retained experts where they formed their opinions after treatment for purposes of litigation, and their opinions were outside the scope of the treatment they rendered

  5. Wanderer v. Johnston

    910 F.2d 652 (9th Cir. 1990)   Cited 763 times
    Finding "[t]he severe sanction of default was justified by the defendants' repeated and inexcusable obstruction of every type of discovery attempted by the plaintiffs"

  6. U.S. v. Kitsap Physicians Service

    314 F.3d 995 (9th Cir. 2002)   Cited 433 times
    Holding that defendants did not engage in spoliation of evidence when records were intentionally destroyed in accordance with a document retention policy and state regulations before litigation commenced

  7. In re Napster, Inc. Copyright Litigation

    462 F. Supp. 2d 1060 (N.D. Cal. 2006)   Cited 280 times   3 Legal Analyses
    Holding that even if the defendant was only "grossly negligent in executing its duties to preserve evidence [] by failing to implement a litigation hold," this satisfied the state of mind requirement for a finding of spoliation

  8. Medical Laboratory Manag. v. Am. Broadcasting

    306 F.3d 806 (9th Cir. 2002)   Cited 301 times   1 Legal Analyses
    Holding that when the "claims that Plaintiffs raise on appeal lack merit, Plaintiffs are entitled to neither actual nor punitive damages"

  9. Computer Task Group, Inc. v. Brotby

    364 F.3d 1112 (9th Cir. 2004)   Cited 191 times   1 Legal Analyses
    Holding that appellate court owes deference to the district court's finding that excuses are not credible

  10. U.S. for Use of Wiltec Guam v. Kahaluu Const

    857 F.2d 600 (9th Cir. 1988)   Cited 238 times
    Finding that delayed deposition did not interfere with trial schedule or claims and thus did not prejudice opposing party, despite inconvenience

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,160 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions

    Fed. R. Civ. P. 37   Cited 45,731 times   319 Legal Analyses
    Holding that a party may be barred from using a witness if it fails to disclose the witness

  13. Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay

    Fed. R. Evid. 801   Cited 19,060 times   75 Legal Analyses
    Holding that such a statement must merely be made by the party and offered against that party

  14. Rule 43 - Taking Testimony

    Fed. R. Civ. P. 43   Cited 1,491 times   13 Legal Analyses
    Granting a trial judge discretion to appoint an interpreter for trial