EIT Holdings LLC v. Yelp!, Inc. et al

Filing 80

ORDER REGARDING MISJOINDER ISSUE. Signed by Judge Alsup on May 6, 2011. (whalc1, COURT STAFF) (Filed on 5/6/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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Plaintiff,

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No. C 10-05623 WHA

EIT HOLDINGS LLC, a Delaware company,

v.

ORDER REGARDING
MISJOIONDER ISSUE

YELP!, INC., a Delaware corporation, et al.,
Defendants.
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As stated at the May 5 case management conference, the Court is inclined to dismiss all

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but the first-named defendant for misjoinder under FRCP 21 for the reasons stated in

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WiAV Networks, LLC v. 3Com Corp., No. C 10-03448 WHA, 2010 WL 3895047

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(N.D. Cal. Oct. 1, 2010). The final ruling will be postponed, however, so that counsel may first

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submit points and authorities on this issue. Any such submissions must be filed by NOON ON

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WEDNESDAY MAY 11, 2011. In this connection, it is noted that defendant Memory Lane, Inc. has

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once again declined to proceed before Magistrate Judge Spero, so the alternative solution

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proposed in the earlier May 6 order is no longer viable (Dkt Nos. 78, 79).

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IT IS SO ORDERED.

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Dated: May 6, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE