Anhing Corp. v. Thuan Phong Co.

Proceedings: (IN CHAMBERS)

ORDER RE: MOTIONS FOR PARTIAL SUMMARY JUDGMENT AND PLAINTIFF’S MOTION FOR SANCTIONS [273, 274, 275, 277]

I. INTRODUCTION

Pending before the Court are three separate motions. 1 (Dkt. Nos. 273, 274, 275, 277.) These motions follow the parties’ second mandatory settlement conference, held on February 27, 2015, and the parties’ previously-filed cross-motions for summary judgment, which the Court denied on October 24, 2014. In preparation for trial, the Court held a hearing on the parties’ motions in limine and disputed jury instructions. At the hearing, the Court granted Plaintiff Anhing Corporation (“Plaintiff’) leave to file a motion for summary adjudication as to the issue of fraud. (Dkt. No. 270.) The Court then granted Defendant Thuan Phong Company Limited (“Defendant”) leave to file a motion for judgment as a matter of law or a motion for summary adjudication as to Plaintiffs claim for trade dress infringement. (Dkt. *923 No. 272.) Pursuant to these orders, Plaintiff has filed a Motion for Partial Summary Judgment on the defense and counterclaim of fraud and a Motion for Sanctions, (Dkt. Nos. 273, 275), and Defendant has filed a Motion for Partial…