Leviton Manufacturing Co., Inc. v. Fujian Hongan Electric Co., Ltd et al

Filing 65

NOTICE REGARDING JOINDER OF MULTIPLE DEFENDANTS. Signed by Judge Alsup on November 22, 2010. (whalc1, COURT STAFF) (Filed on 11/22/2010)

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Leviton Manufacturing Co., Inc. v. Fujian Hongan Electric Co., Ltd et al Doc. 65 1 2 3 4 5 6 7 8 9 10 LEVITON MANUFACTURING CO., INC., Plaintiff, v. FUJIAN HONGAN ELECTRIC CO., LTD., et al., Defendants. / NOTICE REGARDING JOINDER OF MULTIPLE DEFENDANTS No. C 10-03961 WHA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Although this action has been stayed until the determination of the ITC investigation becomes final, the Court is concerned that this action presents the same problem that was present in WiAV Networks, LLC v. 3Com Corp. concerning misjoinder of parties. See Order Dismissing All Remaining Defs. Except Hewlett-Packard Company For Misjoinder Under FRCP 21., Oct. 1, 2010. Counsel should consider whether this is an issue that should be litigated now rather than at the end of the ITC proceedings. At a minimum, when the stay is lifted, the Court will raise this issue on its own under FRCP 21. IT IS SO NOTICED. Dated: November 22, 2010. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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