Adobe Systems Incorporated v. A & S Electronics, Inc. et al

Northern District of California, cand-4:2015-cv-02288

ORDER by Judge Armstrong denying {{72}} Stipulation to File Third Amended Complaint and to Continue Pre-Trial and Trial Dates. (sbalc2, COURT STAFF)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 OAKLAND DIVISION 7 ADOBE SYSTEMS INCORPORATED, a Case No: C 12-00790 SBA 8 Delaware Corporation, ORDER DENYING STIPULATION 9 Plaintiff, TO FILE THIRD AMENDED COMPLAINT AND TO CONTINUE 10 vs. PRE-TRIAL AND TRIAL DATES 11 A & S ELECTRONICS, INC., a California Dkt. 72 Corporation d/b/a TRUSTPRICE; ALAN Z. 12 LIN, an Individual; and DOES 1-10, Inclusive, 13 Defendants. 14 15 16 On May 21, 2015, Plaintiff Adobe Systems Inc. ("Plaintiff") filed the instant action 17 against A & S Electronics, Inc. ("A&S"), and its owner, Alan Z. Lin ("Lin"), for trademark 18 and copyright infringement, among other claims. The parties are now before the Court on 19 the parties' Stipulation to File Third Amended Complaint and to Continue Pre-Trial and 20 Trial Dates. Plaintiff avers that during the course of discovery, it discovered facts that 21 A&S and/or Lin obtained various products from other companies that infringe its trademark 22 and copyrights. Dkt. 72 at 2. As such, Plaintiff seeks to join the following eleven 23 additional party-defendants: ABB Liquidating & Trading; Action Tech; Atlantic Media 24 Sales, LLC; Budget Computer; Computechsale, LLC; Expresscomm International, Inc.; 25 Fairtrade Corporation; FCO Electronic; ITR Consulting Group; Reliable Business Partner, 26 Inc.; and Lester Wiegers d/b/a Ultraelectronics (collectively, "Additional Defendants"). 27 The parties also seek to enlarge all upcoming pretrial deadlines and the trial date by 28 approximately three months. 1 Federal Rule of Civil Procedure 16 provides that deadlines established in a case 2 management order may "be modified only for good cause[.]" Fed. R. Civ. P. 16(b)(4). 3 "Good cause" exists when a deadline "cannot reasonably be met despite the diligence of the 4 party seeking the extension." Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 5 (9th Cir. 1992) (citation omitted). Here, the deadline to amend the pleadings and join 6 additional parties was January 12, 2016. The parties make no effort to demonstrate good 7 cause for failing to amend the pleadings on or before that date. Moreover, the parties fail to 8 make any showing that the joinder of eleven new parties is either necessary or appropriate 9 under Federal Rule of Civil Procedure 20. See Desert Empire Bank v. Ins. Co. of N. Am., 10 623 F.2d 1371, 1374 (9th Cir. 1980) (noting that both Rule 15 and Rule 20 standards are 11 implicated by a motion to amend pleadings to add a new party). Accordingly, 12 IT IS HEREBY ORDERED THAT the Stipulation to File Third Amended 13 Complaint and to Continue Pre-Trial and Trial Dates is DENIED. 14 IT IS SO ORDERED. 15 Dated: 4/22/16 ______________________________ SAUNDRA BROWN ARMSTRONG 16 Senior United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 -2-