Ritz Camera & Image, LLC v. Sandisk Corporation et al

Filing 113

ORDER by Judge ARMSTRONG denying 104 Motion to Substitute Party. ; denying 112 Motion for Leave to File (lrc, COURT STAFF) (Filed on 3/18/2013)

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 OAKLAND DIVISION 7 8 RITZ CAMERA & IMAGE, LLC, a Case No: C 10-02787 SBA 9 Delaware Limited Liability Company, 10 On Behalf of Itself and Others Similarly ORDER DENYING MOTION TO TRANSFER INTEREST Situated, Docket 104, 112 11 Plaintiff, 12 vs. 13 SANDISK CORPORATION, 14 Defendant. 15 16 On February 20, 2013, Plaintiff Ritz Camera & Image, LLC ("Plaintiff") filed a 17 motion to transfer plaintiff's interest under Rule 25(c) of the Federal Rules of Civil 18 Procedure, which was not noticed for hearing. Dkt. 104. Plaintiff's failure to file a 19 properly noticed motion violates the Civil Local Rules governing motion practice. See Civ. 20 L.R. 7-1(a), 7-2(a), 7-2(b). In general, "[a]ny written request to the Court for an order must 21 be presented by . . . [d]uly noticed motion pursuant to Civil L.R. 7-2." Civ. L.R. 7-1(a). 22 Except as otherwise ordered or permitted by the assigned Judge or the Local Rules, "all 23 motions must be filed, served and noticed in writing on the motion calendar of the assigned 24 Judge for hearing not less than 35 days after service of the motion." Civ. L.R. 7-2(a). A 25 motion must contain, among other things, "notice of the motion, including date and time of 26 hearing" in the first paragraph. Civ. L.R. 7-2(b). 27 28 Plaintiff's motion also fails to comply with Rule 25(c), which requires a party filing a motion to transfer interest to serve the motion as provided in Rule 25(a)(3). Fed.R.Civ.P. 1 25(c). Under Rule 25(a)(3), a motion to transfer interest, "together with a notice of hearing, 2 must be served on the parties as provided in Rule 5 and on nonparties as provided in Rule 3 4." Fed.R.Civ.P. 25(a)(3) (emphasis added). 4 Accordingly, 5 IT IS HEREBY ORDERED THAT: 6 1. 7 Plaintiff's motion to transfer Plaintiff's interest is DENIED without prejudice to the refiling of a motion that complies with the Court's Civil Local Rules and Rule 25(c). 8 2. 9 IT IS SO ORDERED. 10 This Order terminates Docket 104 and Docket 112. Dated: 3/18/13 ______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?