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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`Master File No. 14-cv-03264-JD
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`ORDER GRANTING MOTION TO
`STRIKE
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`Re: Dkt. Nos. 600, 619
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`IN RE CAPACITORS ANTITRUST
`LITIGATION.
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`Defendant Toshin Kogyo Co., Ltd. previously filed a motion to dismiss plaintiff’s
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`complaint on December 4, 2014. Dkt. No. 430. The Court struck that motion without prejudice
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`because defendant Toshin Kogyo, a corporation, may appear in this action only through an
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`attorney authorized to practice before this Court, and the motion papers did not show that the filer
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`of the motion satisfied that condition. Dkt. No. 457.
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`Defendant Toshin Kogyo Co., Ltd. has filed a similar motion to dismiss the consolidated
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`class action complaint, dated March 18, 2015. Dkt. No. 600. The motion suffers from the same
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`deficiency, and the direct purchaser plaintiffs have moved to strike the motion on that basis. Dkt.
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`No. 619 at 4-5. Plaintiffs also request that the motion be stricken because it “violates the Court’s
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`Scheduling Orders, despite Toshin Kogyo having received adequate notice of applicable
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`deadlines.” Id. at 5.
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`The Court grants plaintiffs’ motion to strike (Dkt. No. 619) and strikes Toshin Kogyo’s
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`second motion to dismiss (Dkt. No. 600). The Court refers Toshin Kogyo to Civil Local Rule 3-
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`9(b), available at the Court’s website at http://cand.uscourts.gov/localrules/civil. That rule states
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`that “[a] corporation, unincorporated association, partnership or other such entity may appear only
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`through a member of the bar of this Court.” To be clear, the Court will not consider any
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`Northern District of California
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`United States District Court
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`Case3:14-cv-03264-JD Document682 Filed05/01/15 Page2 of 2
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`arguments in favor of dismissing Toshin Kogyo unless those arguments are presented to the Court
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`by an attorney who has been admitted and is authorized to practice before the bar of the United
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`States District Court for the Northern District of California.
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`IT IS SO ORDERED.
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`Dated: May 1, 2015
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`________________________
`JAMES DONATO
`United States District Judge
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`United States District Court