Powerteq, LLC v. Moton

Filing 28

ORDER DIRECTING DEFENDANT TO SUBMIT CHAMBERS COPY OF DOCUMENTS IN COMPLIANCE WITH CIVIL LOCAL RULES AND COURT'S STANDING ORDERS; DIRECTING DEFENDANT TO NOTICE MOTION TO DISMISS OR TRANSFER IN COMPLIANCE WITH CIVIL LOCAL RULES. Defendant i s ordered to immediately submit a chambers copy of his answer and his motion to dismiss or transfer. Defendant is ordered to file, no later than December 9, 2015, a notice of motion in which the motion to dismiss or transfer is set for hearing on a Friday at least 35 days after November 23, 2015. Signed by Judge Maxine M. Chesney on December 18, 2015. (mmclc1, COURT STAFF) (Filed on 12/2/2015)

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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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POWERTEQ, LLC, a Delaware limited
liability company,

No. C-15-2626 MMC

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Plaintiff,

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v.
ASHRAF MOTON, an individual
Defendant.

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ORDER DIRECTING DEFENDANT TO
SUBMIT CHAMBERS COPY OF
DOCUMENTS IN COMPLIANCE WITH
CIVIL LOCAL RULES AND COURT’S
STANDING ORDERS; DIRECTING
DEFENDANT TO NOTICE MOTION TO
DISMISS OR TRANSFER IN
COMPLIANCE WITH CIVIL LOCAL
RULES

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On November 23, 2015, defendant Ashraf Moton electronically filed an answer to
plaintiff’s complaint and, in addition, a motion to dismiss or transfer the above-titled action.
Defendant has violated the Civil Local Rules of this District and the Court’s Standing
Orders, however, by failing “to provide for chambers a paper copy of each document that is
electronically filed . . . marked ‘Chambers Copy’.” See Civil L.R. 5-1(e)(7); see also
Standing Orders For Civil Cases Assigned to The Honorable Maxine M. Chesney ¶ 2.
Defendant is hereby ORDERED to comply with Civil Local Rule 5-1(e)(7) and the
Court’s Standing Orders by immediately submitting a chambers copy of the abovereferenced documents. Defendant is hereby advised that if he fails in the future to comply
with the Court’s Standing Orders to provide a chambers copy of each electronically filed
document, the Court may impose sanctions, including, but not limited to, striking from the

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record any electronically filed document for which a chambers copy has not been timely

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provided to the Court.

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Further, with respect to defendant’s motion to dismiss or transfer, filed November

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23, 2015, defendant has violated an additional Civil Local Rule, specifically, the rule

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requiring that “motions be . . . noticed in writing not less than 35 days after filing of the

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motion.” See Civil L.R. 7-2(a). Defendant’s motion fails to include any hearing date, and,

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although defendant caused a notation to be placed on the docket stating “Motion Hearing

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set for 12/18/2015 09:00 AM” (see Document No. 23), said notation does not comply with

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Rule 7-2(a), as December 18, 2015 is only twenty-five days from the date on which the

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motion was filed.
Defendant is hereby ORDERED to file, no later than December 9, 2015, a notice of

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motion in which the motion to dismiss or transfer is set for hearing on a Friday at least 35

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days after November 23, 2015.

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IT IS SO ORDERED.

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Dated: December 2, 2015
MAXINE M. CHESNEY
United States District Judge

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