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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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,

ORDER
10 On Behalf of Itself and Others Similarly

Situated,

Docket 126, 127

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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 March 19, 2013, Plaintiff Ritz Camera & Image, LLC ("Plaintiff") filed a motion

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to transfer Plaintiff's interest, which seeks an order substituting Alfred T. Giuliano, Chapter

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7 Trustee of Ritz Camera & Image, LLC, for Ritz Camera & Image, LLC as the Plaintiff in

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this action pursuant to Rule 25(c) of the Federal Rules of Civil Procedure. Dkt. 116. On

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April 30, 2013, Plaintiff filed a motion to supplement the record on its motion to transfer

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interest with "newly available evidence." Dkt. 126. Specifically, Plaintiff requests to

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supplement the record with "(1) Judge Gross's Order Granting the Application of Alfred T.

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Giuliano, Chapter 7 Trustee Authorizing the Retention and Employment of Kellogg, Huber,

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Hansen, Todd, Evans & Figel, P.L.L.C., Berry Law P.L.L.C. and Morgan Duffy-Smith &

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Tidalgo LLP as Co-Special Antitrust Counsel to the Chapter 7 Trustee, dated April 26,

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2013 ("Bankruptcy Court Retention Order") (Exhibit A); and (2) the Affidavit of Alfred T.

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Giuliano, Chapter 7 Trustee, dated April 30, 2013 ("Giuliano Affidavit") (Exhibit B)." Id.

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In response, Defendant SanDisk Corporation ("Defendant") has filed an administrative

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motion requesting that the Court set a briefing schedule and hearing date on Plaintiff's

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motion to supplement the record on its motion to transfer interest. Dkt. 127.

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Having read and considered the papers filed in connection with these matters and

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being fully informed, the Court hereby GRANTS Plaintiff's motion to supplement the

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record on its motion to transfer interest, and DENIES Defendant's administrative motion.

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Plaintiff may supplement the record with the Bankruptcy Court Retention Order and the

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Giuliano Affidavit. Defendant may file a supplemental brief addressing this evidence not

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to exceed five (5) pages by no later than May 10, 2013. Plaintiff may file a reply not to

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exceed five (5) pages by no later than May 17, 2013. The hearing on Plaintiff's motion to

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transfer interest is CONTINUED to June 4, 2013. The case management conference

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scheduled for May 30, 2013 is CONTINUED to June 20, 2013 at 3:15 p.m. This Order

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terminates Docket 126 and Docket 127.

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IT IS SO ORDERED.
Dated: 5/3/13

______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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