Shared Memory Graphics, LLC v. Apple Inc. et al

Filing 467

ORDER DENYING ADMINISTRATIVE MOTION REQUESTING PERMISSION TO BRING ELECTRONIC EQUIPMENT INTO THE COURTROOM; CONTINUING CASE MANAGEMENT CONFERENCE. SMG's administrative motion is denied. In light of the pending objections to Magistrate Judge Corley's order, the Case Management Conference currently scheduled for December 9, 2011 is continued to February 3, 2012. Signed by Judge Maxine M. Chesney on December 2, 2011. (mmclc2, COURT STAFF) (Filed on 12/2/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

For the Northern District of California

United States District Court

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SHARED MEMORY GRAPHICS, LLC,

No. C 10-2475 MMC

Plaintiff,

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ORDER DENYING ADMINISTRATIVE
MOTION REQUESTING PERMISSION
TO BRING ELECTRONIC EQUIPMENT
INTO THE COURTROOM; CONTINUING
CASE MANAGEMENT CONFERENCE

v.
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APPLE INC., et al.,
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Defendants.
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/

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Before the Court is plaintiff Shared Memory Graphics, LLC’s (“SMG”) “Administrative
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Motion Requesting Permission to Bring Electronic Equipment into the Courtroom,” filed
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November 30, 2011. Having read and considered the motion, the Court rules as follows.
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By order filed November 2, 2011, the Court granted SMG’s motion to review de novo
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SMG’s objections to Magistrate Judge Corley’s September 2, 2011 dispositive order. By
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the instant request, SMG appears to be seeking an opportunity to present additional
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evidence on the merits of its objections. See 28 U.S.C. § 636(b)(1)(C) (“The judge may
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also receive further evidence or recommit the matter to the magistrate judge with
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instructions.”); Fed. R. Civ. P. 72(b)(3) (“The district judge may accept, reject, or modify the
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recommended disposition; receive further evidence; or return the matter to the magistrate
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judge with instructions.”). Pursuant to the Civil Local Rules of this District, however, the
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Court’s review and determination of an objection to a magistrate judge’s report and
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recommendation as to a dispositive matter “shall be upon the record of the proceedings

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before the Magistrate Judge” unless the objecting party concurrently files an administrative

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motion requesting an evidentiary hearing or seeking to augment the record. See Civil L.R.

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72-3(c). Accordingly, SMG’s administrative motion is hereby DENIED.

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Further, in light of the pending objections to Magistrate Judge Corley’s order, the

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Case Management Conference currently scheduled for December 9, 2011 is hereby

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CONTINUED to February 3, 2012.

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IT IS SO ORDERED.

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Dated: December 2, 2011
MAXINE M. CHESNEY
United States District Judge

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