Ritz Camera & Image, LLC v. Sandisk Corporation et al
Filing
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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)
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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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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
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Plaintiff,
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vs.
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SANDISK CORPORATION,
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Defendant.
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On February 20, 2013, Plaintiff Ritz Camera & Image, LLC ("Plaintiff") filed a
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motion to transfer plaintiff's interest under Rule 25(c) of the Federal Rules of Civil
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Procedure, which was not noticed for hearing. Dkt. 104. Plaintiff's failure to file a
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properly noticed motion violates the Civil Local Rules governing motion practice. See Civ.
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L.R. 7-1(a), 7-2(a), 7-2(b). In general, "[a]ny written request to the Court for an order must
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be presented by . . . [d]uly noticed motion pursuant to Civil L.R. 7-2." Civ. L.R. 7-1(a).
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Except as otherwise ordered or permitted by the assigned Judge or the Local Rules, "all
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motions must be filed, served and noticed in writing on the motion calendar of the assigned
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Judge for hearing not less than 35 days after service of the motion." Civ. L.R. 7-2(a). A
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motion must contain, among other things, "notice of the motion, including date and time of
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hearing" in the first paragraph. Civ. L.R. 7-2(b).
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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.
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25(c). Under Rule 25(a)(3), a motion to transfer interest, "together with a notice of hearing,
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must be served on the parties as provided in Rule 5 and on nonparties as provided in Rule
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4." Fed.R.Civ.P. 25(a)(3) (emphasis added).
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Accordingly,
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IT IS HEREBY ORDERED THAT:
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1.
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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).
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2.
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IT IS SO ORDERED.
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This Order terminates Docket 104 and Docket 112.
Dated: 3/18/13
______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge
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