Yue v. MSC Software Corporation

Filing 50

ORDER by Judge Phyllis J. Hamilton denying 47 Administrative Motion to Extend Discovery Period; finding as moot 48 Administrative Motion for Clarification. (pjhlc2, COURT STAFF) (Filed on 7/27/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DONGXIAO YUE,

v.

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MSC SOFTWARE CORPORATION,

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United States District Court
Northern District of California

Case No. 15-cv-05526-PJH

Plaintiff,

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Defendant.

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ORDER DENYING PLAINTIFF'S
ADMINISTRATIVE MOTION TO
EXTEND DISCOVERY PERIOD FOR
THE COPYRIGHT CLAIMS AND
DENYING AS MOOT MSC'S
ADMINISTRATIVE MOTION FOR
CLARIFICATION
Re: Dkt. Nos. 47, 48

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Before the court is plaintiff Dongxiao Yue’s “Motion for Administrative Relief to

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Extend Discovery Period for the Copyright Claims.” Dkt. 47. Yue’s motion asks the court

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to expand the discovery period for his copyright claims based on Polar Bear Products,

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Inc. v. Timex Corp., 483 F.3d 700 (9th Cir. 2004). Shortly after plaintiff’s motion was

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filed, defendant MSC Software Corporation responded with a motion seeking clarification

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as to whether Yue’s motion, which was styled as a motion for administrative relief under

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Local Rule 7-11, should be treated as a discovery motion or as a noticed motion under

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Local Rule 7-2. Dkt. 48.
The court’s July 20 order indicated that Yue could make a motion to extend the

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discovery period, in light of Yue’s expressed intent to join Netbula as a party to this case

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and after any amended complaint was filed. See Dkt. 46 at 3–4. However, the court will

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not reconsider the temporal scope for discovery until it is clear which parties will be joined

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in this case, and what claims will be asserted by the plaintiff.

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If Yue intends to join Netbula as a party, as indicated in his letter to the court, Dkt.

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45, he must do so by August 24. Counsel for Netbula must enter an appearance on the

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docket. If Yue does not join Netbula by this date, he will be precluded from adding his

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fraud and unfair competition claims and from seeking any extended discovery period on

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the basis of the fraud claims. See Dkt. 44, 46.

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If Yue decides not to join Netbula and to proceed only with his copyright and
trademark claims, he may re-notice his instant motion to extend the discovery period

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based solely on his copyright claims. Such motion should be noticed before this court

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pursuant to Local Rule 7-2 and its 35-day briefing schedule. However, any such motion

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shall be not be made until on or after August 24, after plaintiff has decided whether to

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United States District Court
Northern District of California

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join Netbula and whether the fraud claims will be asserted in this case.

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Accordingly, plaintiff’s motion to extend the discovery period (Dkt. 47) is DENIED,

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although plaintiff may re-notice the motion under Local Rule 7-2 after August 24.

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Defendant’s motion for clarification on the procedures regarding Yue’s motion is DENIED

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as moot, in light of the foregoing.

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IT IS SO ORDERED.
Dated: July 27, 2016

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__________________________________
PHYLLIS J. HAMILTON
United States District Judge

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