Brookhaven Typesetting Services, Inc. v. Adobe Systems, Inc.

MEMORANDUM *

Brookhaven Typesetting Services, Inc., appeals the district court’s summary judg *389 ment on its claims against Adobe Systems, Inc., for copyright infringement, trade secret misappropriation, breach of contract, and unfair competition. Brookhaven also appeals the district court’s refusal to impose terminating discovery sanctions and its denial of Brookhaven’s Federal Rule of Civil Procedure 54(b) motion. We affirm. Because the parties are familiar with the factual and procedural history of this case, we need not recount it here.

I

We review the district court’s refusal to impose sanctions for an abuse of discretion, Childress v. Darby Lumber, Inc., 357 F.3d 1000, 1010 (9th Cir.2004), and its findings of fact for clear error. Payne v. Exxon Corp., 121 F.3d 503, 507 (9th Cir.1997). We will only disturb a trial court’s decision on terminating sanctions if we have “a definite and firm conviction that the court below committed a clear error of judgment in the conclusion it reached upon a weighing of the relevant factors.” Pagtalunan v. Galaza, 291 F.3d 639, 640-41 (9th Cir.2002) (citation omitted).

This record presents a troubling and unflattering history of discovery…