GlobalMedia Group LLC v. Logitech Inc

Filing 58

ORDER DENYING MOTION TO STRIKE. Signed by Hon. Edward J. Davila on 5/15/2012.(ejdlc3, COURT STAFF) (Filed on 5/15/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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CASE NO. 5:11-CV-00778-EJD

GLOBALMEDIA GROUP LLC,

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ORDER DENYING MOTION TO STRIKE;
DENYING AS MOOT MOTION FOR
LEAVE TO FILE

Plaintiff,
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v.
LOGITECH INC,

[Re: Docket Item Nos. 52, 54]

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Defendant.
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For the Northern District of California

United States District Court

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/
On August 15, 2011, GlobalMedia filed a Motion for Leave to File an attached proposed

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Second Amended Application/Petition to Compel Arbitration (“SAP”). ECF No. 36 & attachment 1.

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On March 30, 2012, the court granted GlobalMedia’s motion. ECF No. 47. Though the court could

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have simply deemed the SAP filed as of the date of that order, it instead delegated the responsibility

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of filing the document to the GlobalMedia. The court set a deadline of April 6, 2012 for the

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completion of the wholly ministerial task. April 6 came and went; the SAP was filed on April 12.

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GlobalMedia apologizes and blames a paralegal. ECF No. 55 & attachment 2. Logitech moves to

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strike the SAP as untimely, complaining of having “40% less time . . . to respond to this so-called

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amended petition.”

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The SAP that GlobalMedia filed late is substantially identical to the proposed SAP that has

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been on record since August 15, 2011. Logitech has suffered no conceivable prejudice from the

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delay. GlobalMedia’s mistake is excused, and the late filing is accepted. Logitech’s motion to strike

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is DENIED, and GlobalMedia’s renewed motion for leave to file the SAP is DENIED AS MOOT.

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IT IS SO ORDERED.

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Dated: May 15, 2012
EDWARD J. DAVILA
United States District Judge

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CASE NO. 5:11-CV-00778-EJD
ORDER DENYING MOTION TO STRIKE