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