SAP America, Inc. v. Purple Leaf, LLC et al

Filing 27

ORDER by Judge Hamilton granting in part and denying in part 20 Motion for Extension of Time to Answer; ORDER TO SHOW CAUSE re transfer to Eastern District of Texas. (pjhlc1, COURT STAFF) (Filed on 12/12/2011)

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 8 SAP AMERICA, INC., 9 Plaintiff, v. 11 For the Northern District of California United States District Court 10 ORDER PURPLE LEAF, LLC, et al., 12 No. C 11-4601 PJH Defendants. _______________________________/ 13 14 The request of pro se defendant Rani Yadav-Ranjan for an extension of time to 15 respond to the first amended complaint, is GRANTED. Yadav-Ranjan shall respond to the 16 first amended complaint no later than January 9, 2012. 17 Yadav-Ranjan’s request on behalf of defendants Purple Leaf LLC (a Delaware 18 limited liability company) and Purple Leaf LLC (a Texas limited liability company) is 19 DENIED. An individual proceeding pro se cannot represent another separate legal entity, 20 such as another person, a corporation, or a partnership, pro se. Rowland v. Cal. Men’s 21 Colony, 506 U.S. 194, 201-02 (1993). In addition, corporations and other unincorporated 22 associations must appear in court through an attorney. D-Beam Ltd. P'ship v. Roller Derby 23 Skates, Inc., 366 F.3d 972, 973-74 (9th Cir. 2004); see also Rowland, 606 U.S. at 202-03. 24 Nevertheless, in the interests of judicial economy, the court will permit Purple Leaf 25 LLC (Delaware) and Purple Leaf LLC (Texas) until January 9, 2012, to respond to the first 26 amended complaint, so that they may have time to locate counsel. 27 28 In addition, no later than December 27, 2012, SAP shall show cause in writing why the court should not transfer this case to the Eastern District of Texas, pursuant to the first- 1 to-file rule. See Pacesetter Systems, Inc. v. Medtronic, Inc., 678 F.2d 93, 94-95 (9th Cir. 2 1982); PETA, Inc. v. Beyond the Frame, Ltd., 2011 WL 686158, *1-2 (C.D. Cal., Feb. 16, 3 2011); Barnes & Noble, Inc., __ F.Supp. 2d __, 2011 WL 4948598 at *4-5 (N.D. Cal., Oct. 4 18, 2011). 5 6 All parties shall appear at the case management conference on January 12, 2012, at 2:00 p.m., as previously set by order entered on October 18, 2011. 7 8 IT IS SO ORDERED. 9 Dated: December 12, 2011 ______________________________ PHYLLIS J. HAMILTON United States District Judge 11 For the Northern District of California United States District Court 10 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?