Pop Top Corp v. Rakuten Kobo Inc.
4:20-cv-04482
| N.D. Cal. | Jul 25, 2025Background
- Judgment Debtor Rohit Chandra filed an emergency motion for protective relief against alleged abusive and coercive communications from counsel for Rakuten Kobo Inc.
- The motion was prompted by a July 22, 2025 email from Kobo’s counsel, which Chandra claimed raised safety concerns.
- Chandra argued that past court orders limited post-judgment discovery communications and filings.
- The court thoroughly reviewed the communications between the parties and referenced its prior orders regarding post-judgment processes.
- Court found no indication of threats, coercion, harassment, or abuse in the email communications from Kobo’s counsel.
- Chandra has filed multiple unsuccessful motions, leading the court to require that he seek leave before filing further discovery disputes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Protective relief due to opposing counsel's communications | Kobo's counsel is engaging in coercive and abusive email communications, raising safety concerns. | Counsel’s emails reflect frustration but no coercion, threats, or abuse; proper post-judgment discovery pursued. | Denied: Communications not harassing, coercive, or threatening. |
| Discovery procedures after motion to vacate | Chandra claims the court’s order barred additional discovery activity after the motion to vacate. | Kobo contends its discovery efforts were within the court’s orders and rules. | Denied: Court clarified its order did not bar post-judgment discovery. |
| Requirement to respond to motion to vacate | Court prohibited filings on the vacate motion without permission, so plaintiff claims this applied broadly to all further communications. | Kobo maintains this applied only to further briefing on the vacate motion. | Held: Prohibition was limited to filings re: vacate motion; joint discovery processes allowed. |
| Appropriateness of sanctions or protective orders | Plaintiff cites cases to support sanctions or protective measures against alleged harassment. | Kobo argues the cited cases are inapposite and not factually similar. | Court: Cited cases do not support relief; no basis for sanctions. |
Key Cases Cited
- Chambers v. NASCO, Inc., 501 U.S. 32 (federal courts have inherent power to impose sanctions for bad faith conduct)
- Fink v. Gomez, 239 F.3d 989 (sanctions may be imposed for willful conduct, bad faith, recklessness combined with other improper factors)
- Fjelstad v. American Honda Motor Co., 762 F.2d 1334 (extreme circumstances required for court to impose dismissal or default judgment)
