Herman et al v. Cataphora, Inc. et al

Filing 49

ORDER DENYING 38 PLAINTIFFS MOTION TO ADMINISTRATIVELY RETURN THE TRANSFERRED FILE TO THE TRANSFEROR COURT, OR, ALTERNATIVELY, TO STAY PROCEEDINGS PENDING APPEAL AND DENYING AS MOOT 48 Request for Leave to File Surreply and for Hearing Date on Plaintiffs' Motion to Administratively Return the Transferred File to the Transferor Court or, Alternatively, to Stay Proceedings Pending Appeal. Signed by Judge Jeffrey S. White on November 8, 2012. (jswlc3, COURT STAFF) (Filed on 11/8/2012)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 RUSS M. HERMAN and ARNOLD LEVIN, 8 9 v. ORDER CATAPHORA INC. and ROGER CHADDERDON, 11 Defendants. For the Northern District of California United States District Court 10 No. C 12-04965 JSW Plaintiffs, 12 / 13 14 The Court has received Plaintiffs’ “motion to administratively return the transferred file 15 to the transferor court, or alternatively, to stay proceedings pending appeal.” This request is 16 improperly noticed as an administrative request and is impermissible under Civil Local Rule 7- 17 11. The Court has also received a letter from Defendants’ counsel to the court room deputy 18 regarding the improper administrative request. Although the letter was followed by a proper 19 request, letters to the deputy are also impermissible and clearly in violation of this Court’s 20 Standing Order ¶ 2. The parties are both admonished that further failure to comply with this 21 Court’s rules shall result in sanctions. 22 The administrative request to transfer or stay this matter is DENIED as improperly filed. 23 Should Plaintiffs wish to re-file a proper motion in compliance with this Court’s rules, Plaintiffs 24 may so re-file and notice the hearing on a date available on this Court’s calendar. 25 26 27 28 IT IS SO ORDERED. Dated: November 8, 2012 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE

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