Sager v. Bank of America Corporation et al

Filing 43

ORDER by Judge Ronald M. Whyte denying 34 Motion for Permission to Efile.(rmwlc1, COURT STAFF) (Filed on 10/31/2012)

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E-FILED on 10/31/2012

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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RON SAGER,

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No. C-12-00197 RMW
Plaintiff,
ORDER DENYING GERALD ROYLANCE'S
MOTION FOR PERMISSION TO EFILE

v.
BANK OF AMERICA,
SOUNDBITE COMMUNICATIONS, INC.,

[Re Docket No. 34]

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Defendants.
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Non-party Gerald Roylance seeks permission to e-file papers in this matter. Defendants

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SoundBite Communications, Inc. ("SoundBite") and Bank of America Corporation each objected to

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the request.

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At the time he made his motion, Mr. Roylance apparently sought to file a brief as amicus

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curiae regarding defendants' motion to stay. The parties subsequently stipulated to stay the case

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pending a ruling by the Federal Communications Commission on a petition filed by SoundBite.

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(Dkt. No. 42.)

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Having reviewed the papers and the record in this case, the court does not presently believe

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that Mr. Roylance's future participation as amicus curiae would be helpful, nor has Mr. Roylance

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demonstrated an interest that would justify such participation. See Ryan v. Commodity Futures

ORDER DENYING GERALD ROYLANCE'S MOTION FOR PERMISSION TO EFILE—No. C-12-00197 RMW
LJP

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Trading Comm'n, 125 F.3d 1062, 1064 (7th Cir. 1997) ("An amicus brief should normally be

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allowed when a party is not represented competently or is not represented at all, when the amicus

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has an interest in some other case that may be affected by the decision in the present case (though

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not enough affected to entitle the amicus to intervene and become a party in the present case), or

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when the amicus has unique information or perspective that can help the court beyond the help that

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the lawyers for the parties are able to provide."); Woodfin Suite Hotels, LLC v. City of Emeryville,

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2007 WL 81911 at *3 (N.D. Cal. 2007) ("[A]n individual seeking to appear as amicus must merely

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make a showing that his participation is useful or otherwise desirable to the court."). Because the

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court is not inclined to allow Mr. Roylance to file any amicus briefs, there is no need to grant e-

United States District Court
For the Northern District of California

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filing permission. Accordingly, Mr. Roylance's motion is denied without prejudice.

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DATED:

October 31, 2012
RONALD M. WHYTE
United States District Judge

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ORDER DENYING GERALD ROYLANCE'S MOTION FOR PERMISSION TO EFILE—No. C-12-00197 RMW
LJP
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