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

Filing 129

ORDER by Judge ARMSTRONG granting 126 Motion SUPPLEMENT THE RECORD denying 127 Motion FOR BRIEFING SCHEDULE (lrc, COURT STAFF) (Filed on 5/3/2013)

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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, ORDER 10 On Behalf of Itself and Others Similarly Situated, Docket 126, 127 11 Plaintiff, 12 vs. 13 SANDISK CORPORATION, 14 Defendant. 15 16 On March 19, 2013, Plaintiff Ritz Camera & Image, LLC ("Plaintiff") filed a motion 17 to transfer Plaintiff's interest, which seeks an order substituting Alfred T. Giuliano, Chapter 18 7 Trustee of Ritz Camera & Image, LLC, for Ritz Camera & Image, LLC as the Plaintiff in 19 this action pursuant to Rule 25(c) of the Federal Rules of Civil Procedure. Dkt. 116. On 20 April 30, 2013, Plaintiff filed a motion to supplement the record on its motion to transfer 21 interest with "newly available evidence." Dkt. 126. Specifically, Plaintiff requests to 22 supplement the record with "(1) Judge Gross's Order Granting the Application of Alfred T. 23 Giuliano, Chapter 7 Trustee Authorizing the Retention and Employment of Kellogg, Huber, 24 Hansen, Todd, Evans & Figel, P.L.L.C., Berry Law P.L.L.C. and Morgan Duffy-Smith & 25 Tidalgo LLP as Co-Special Antitrust Counsel to the Chapter 7 Trustee, dated April 26, 26 2013 ("Bankruptcy Court Retention Order") (Exhibit A); and (2) the Affidavit of Alfred T. 27 Giuliano, Chapter 7 Trustee, dated April 30, 2013 ("Giuliano Affidavit") (Exhibit B)." Id. 28 In response, Defendant SanDisk Corporation ("Defendant") has filed an administrative 1 motion requesting that the Court set a briefing schedule and hearing date on Plaintiff's 2 motion to supplement the record on its motion to transfer interest. Dkt. 127. 3 Having read and considered the papers filed in connection with these matters and 4 being fully informed, the Court hereby GRANTS Plaintiff's motion to supplement the 5 record on its motion to transfer interest, and DENIES Defendant's administrative motion. 6 Plaintiff may supplement the record with the Bankruptcy Court Retention Order and the 7 Giuliano Affidavit. Defendant may file a supplemental brief addressing this evidence not 8 to exceed five (5) pages by no later than May 10, 2013. Plaintiff may file a reply not to 9 exceed five (5) pages by no later than May 17, 2013. The hearing on Plaintiff's motion to 10 transfer interest is CONTINUED to June 4, 2013. The case management conference 11 scheduled for May 30, 2013 is CONTINUED to June 20, 2013 at 3:15 p.m. This Order 12 terminates Docket 126 and Docket 127. 13 14 IT IS SO ORDERED. Dated: 5/3/13 ______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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