Le Roy-Garcia v. Brave Arts Licensing, LLC et al

Filing 27

ORDER CONTINUING hearing on 10 Defendants' motion to dismiss. To rule on a motion to dismiss, which is a dispositive motion, all parties to this case must consent to the undersigned's jurisdiction. See 28 U.S.C. § 636. To date, one defendant, HauteLook, Inc., has yet to either consent to or decline the undersigneds jurisdiction. Accordingly, attached to this order are copies of the forms by which HauteLook, Inc. may do so. It shall file either form by Wednesday, July 17, 2013. In light of this complication, the undersigned ORDERS Plaintiff to serve a copy of this order on HauteLook, Inc. by Friday, July 12, 2013. Furthermore, the undersigned CONTINUES the hearing on the motion to dismiss or, alternatively, to tran sfer from Thursday, July 18, 2013 to Thursday, August 1, 2013 at 9:30 a.m. in Courtroom C, 15th Floor, United States District Court, 450 Golden Gate Avenue, San Francisco, California, 94102. (If this new date does not work for counsel, they may stip ulate to move the hearing to another one of the undersigneds civil law and motions calendars (e.g., August 15, 2013; September 5, 2013). Signed by Magistrate Judge Laurel Beeler on 7/9/2013. (Attachments: # 1 Exhibit, # 2 Exhibit)(lblc2, COURT STAFF) (Filed on 7/9/2013)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division
ANNE-STEPHANIE LEROY-GARCIA,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Plaintiff,
v.

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No. C 13-01181 LB
ORDER CONTINUING HEARING ON
DEFENDANTS’ MOTION TO
DISMISS

BRAVE ARTS LICENSING, et al.,
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[Re: ECF Nos. 10, 21, 24]
Defendants.
_____________________________________/
Plaintiff filed this copyright and trademark infringement case against 13 defendants. Complaint,

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ECF No. 1. One defendant (Soho Apparel Group, Inc.) was voluntarily dismissed, Dismissal, ECF

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No. 7, so now there are only 12 live defendants. Eight of the remaining 12 defendants (Brave Arts

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Licensing, Inc.; Gabriel Guez; Yvette Guez; Innovating Business Group, Inc.; Jean Pierre Guez; My

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Tribe; Jonathan Guez; and The California Apparel, LLC) filed a motion to dismiss Plaintiff’s case

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or, alternatively, to transfer it, Motion, ECF No. 10, and 3 other defendants (Ideeli, Inc.; Neiman

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Marcus Group, Inc.; and Zulily, Inc.) have moved to join the motion, Motions for Joinder, ECF Nos.

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21, 24. HauteLook, Inc., which was served on June 10, 2013, has yet to appear. Proof of Service,

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ECF No. 23.

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To rule on a motion to dismiss, which is a dispositive motion, all parties to this case must

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consent to the undersigned’s jurisdiction. See 28 U.S.C. § 636. To date, one defendant, HauteLook,

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Inc., has yet to either consent to or decline the undersigned’s jurisdiction. Accordingly, attached to

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this order are copies of the forms by which HauteLook, Inc. may do so. It shall file either form by

C 13-01181 LB
ORDER

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Wednesday, July 17, 2013.
In light of this complication, the undersigned ORDERS Plaintiff to serve a copy of this order on

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HauteLook, Inc. by Friday, July 12, 2013. Furthermore, the undersigned CONTINUES the

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hearing on the motion to dismiss or, alternatively, to transfer from Thursday, July 18, 2013 to

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Thursday, August 1, 2013 at 9:30 a.m. in Courtroom C, 15th Floor, United States District Court,

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450 Golden Gate Avenue, San Francisco, California, 94102. (If this new date does not work for

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counsel, they may stipulate to move the hearing to another one of the undersigned’s civil law and

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motions calendars (e.g., August 15, 2013; September 5, 2013).)

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IT IS SO ORDERED.
Dated: July 9, 2013
_______________________________
LAUREL BEELER
United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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C 13-01181 LB
ORDER

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