Intellisoft, Ltd v. International Business Machines Corporation

Filing 15

ORDER. Signed by Judge Hamilton on 6/22/2012. (pjhlc1, COURT STAFF) (Filed on 6/22/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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INTELLISOFT, LTD.,
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For the Northern District of California

United States District Court

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Plaintiff,

No. C 12-1462 PJH

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v.

ORDER VACATING HEARING DATE

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INTERNATIONAL BUSINESS
MACHINES CORPORATION,

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Defendant.
_______________________________/

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Plaintiff Intellisoft, Ltd. (“Intellisoft”) filed this action on March 22, 2012. On June 4,

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2012, defendant International Business Machines Corporation filed a motion to dismiss the

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complaint for failure to state a claim, noticed for hearing on July 11, 2012. Under Civil

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Local Rule 7-3, any opposition to the motion was due on June 18, 2012. As of June 22,

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2012, no opposition or statement of non-opposition had been filed by Intellisoft.

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On June 22, 2012, Intellisoft did file a “notice of intent to file amended complaint.”

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While it is true that under Federal Rule of Civil Procedure 15(a)(1), a party may file an

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amended complaint once as of right, and that under Rule 15(a)(1)(B), the amended

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complaint may be filed up to 21 days after service of a motion under Rule 12(b), the court

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admonishes Intellisoft that, as the party opposing the motion to dismiss, it was still required

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to comply with the Local Rules of this Court, which require that an opposition or statement

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of non-opposition to a motion be filed 14 days after the date the motion is filed. By failing to

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comply with the rules, Intellisoft simply makes more work for the court and for opposing

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counsel.

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The July 11, 2012 hearing date is VACATED. If an amended complaint is filed on
June 25, 2012, defendant can withdraw its motion.

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IT IS SO ORDERED.

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Dated: June 22, 2012
______________________________
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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