Glass Egg Digital Media v. Gameloft, Inc.

Opinion

1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 GLASS EGG DIGITAL MEDIA, Case No. 17-cv-04165-MMC

9 Plaintiff, ORDER REGARDING NOTICE OF 10 v. JOINDER

11 GAMELOFT, INC., et al., Defendants. 12

13 14 Before the Court is defendant Gameloft, Inc.’s (“GLI”) “Notice of Joinder,” filed 15 January 26, 2022 (see Doc. No. 287), whereby GLI purports to join defendant Gameloft 16 SE’s “Motion Pursuant to Fed. R. Civ. P. 12(b)(2) and 12(b)(6) to Dismiss [the] Fourth 17 Amended Complaint” (see Doc. No. 285). Plaintiff has filed opposition thereto. 18 A motion to dismiss pursuant to Rule 12(b) “must be made before pleading if a 19 responsive pleading is required.” See Fed. R. Civ. P. 12(b). “In other words, a motion to 20 dismiss . . . must be filed before an answer.” Roberts v. County of Riverside, Case No. 21 EDCV 19-1877 JGB (SHKx), 2020 WL 5934303, at *2 n.4 (C.D. Cal. Feb. 11, 2014) 22 (internal quotation and citation omitted). 23 In the instant case, GLI filed an answer to the Fourth Amended Complaint on 24 September 17, 2018 (see Doc. No. 149), a date prior to the filing of its Notice of Joinder, 25 and, consequently, GLI’s “purported joinder is untimely,” see Anudokem v. Am. Home 26 Mortg. Servicing, Inc., Case No. C09-01660 HRL, 2010 WL 532440, at *1 n.1 (N.D. Cal. 27 Feb. 9, 2010). 1 Accordingly, GLI’s joinder is hereby DENIED. 2 3 IT IS SO ORDERED. 4 5 || Dated: February 2, 2022 INE M. CHESNEY 6 United States District Judge 7 8 9 10 11 12

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