Glass Egg Digital Media v. Gameloft, Inc. et al

Filing 289

ORDER REGARDING NOTICE OF JOINDER. Signed by Judge Maxine M. Chesney on February 2, 2022. (mmclc2, COURT STAFF) (Filed on 2/2/2022)

Case 3:17-cv-04165-MMC Document 289 Filed 02/02/22 Page 1 of 2

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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GLASS EGG DIGITAL MEDIA,

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Plaintiff,

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ORDER REGARDING NOTICE OF
JOINDER

v.

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GAMELOFT, INC., et al.,

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United States District Court
Northern District of California

Case No. 17-cv-04165-MMC

Defendants.

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Before the Court is defendant Gameloft, Inc.’s (“GLI”) “Notice of Joinder,” filed

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January 26, 2022 (see Doc. No. 287), whereby GLI purports to join defendant Gameloft

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SE’s “Motion Pursuant to Fed. R. Civ. P. 12(b)(2) and 12(b)(6) to Dismiss [the] Fourth

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Amended Complaint” (see Doc. No. 285). Plaintiff has filed opposition thereto.
A motion to dismiss pursuant to Rule 12(b) “must be made before pleading if a

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responsive pleading is required.” See Fed. R. Civ. P. 12(b). “In other words, a motion to

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dismiss . . . must be filed before an answer.” Roberts v. County of Riverside, Case No.

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EDCV 19-1877 JGB (SHKx), 2020 WL 5934303, at *2 n.4 (C.D. Cal. Feb. 11, 2014)

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(internal quotation and citation omitted).
In the instant case, GLI filed an answer to the Fourth Amended Complaint on

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September 17, 2018 (see Doc. No. 149), a date prior to the filing of its Notice of Joinder,

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and, consequently, GLI’s “purported joinder is untimely,” see Anudokem v. Am. Home

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Mortg. Servicing, Inc., Case No. C09-01660 HRL, 2010 WL 532440, at *1 n.1 (N.D. Cal.

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Feb. 9, 2010).

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//

Case 3:17-cv-04165-MMC Document 289 Filed 02/02/22 Page 2 of 2

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Accordingly, GLI’s joinder is hereby DENIED.

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IT IS SO ORDERED.

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Dated: February 2, 2022
MAXINE M. CHESNEY
United States District Judge

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United States District Court
Northern District of California

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