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Azzarello v. Navagility LLC

United States District Court, N.D. California
Oct 16, 2008
No. C-08-2371 MMC (N.D. Cal. Oct. 16, 2008)

Summary

finding that the fact that defendant solicited a contract and communicated with plaintiff in the forum state by email and telephone was not itself sufficient to establish purposeful availment

Summary of this case from Cottle v. W. Skyways Inc.

Opinion

No. C-08-2371 MMC.

October 16, 2008


ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT NAVAGILITY LLC; DIRECTIONS TO COUNSEL; NOTICE TO NAVAGILITY


Before the Court is the motion of counsel for defendant Navagility LLC ("Navagility") to withdraw as counsel of record for said party, filed September 9, 2008. Navagility has consented to such withdrawal. (See Jung Decl. Ex. A.) Plaintiff Tom Azzarello has filed conditional opposition. Having read and considered the parties' submissions filed in support of and in opposition to the motion, the Court rules as follows.

On October 14, 2008, the Court deemed the matter appropriate for decision on the papers.

For the reasons stated by defendants' counsel, the motion is hereby GRANTED, and the law firm of Nassiri and Jung LLP and Charles H. Jung are hereby RELIEVED as counsel of record for Navagility, subject to the following conditions:

1. Until such date as Navagility may obtain substitute legal representation, the above-referenced counsel shall continue to receive documents filed in the instant action and shall forward such documents to Navagility.

2. Additionally, said counsel shall file, no later than October 24, 2008, a statement by which counsel provides the Court and opposing counsel with Navagility's current address and telephone number, as well as any other contact information said counsel deems appropriate.

3. Navagility is hereby NOTIFIED that, as a limited liability company, it may not represent itself. See Civ. L.R. 3-9(b);Rowland v. Cal. Men's Colony, 506 U.S. 194, 202-03 n. 3. Consequently, should any further proceedings in the above-titled action be required, Navagility should immediately seek substitute legal representation.

IT IS SO ORDERED.


Summaries of

Azzarello v. Navagility LLC

United States District Court, N.D. California
Oct 16, 2008
No. C-08-2371 MMC (N.D. Cal. Oct. 16, 2008)

finding that the fact that defendant solicited a contract and communicated with plaintiff in the forum state by email and telephone was not itself sufficient to establish purposeful availment

Summary of this case from Cottle v. W. Skyways Inc.

finding that defendant did not purposefully avail itself of the privilege of conducting business in California by receiving a $300,000 bridge loan from the plaintiff, a California resident, where the transaction was a "discrete encounter," which contemplated no further activity by either party

Summary of this case from Nimbus Data Systems, Inc. v. Modus LLC

In Azzarello, the court found that the defendant had not purposefully availed itself of conducting business in California, though it had received a $300,000 bridge loan from the plaintiff, a California resident, in response to an email solicitation. 2008 WL 4614667, at *1, *5. The loan was to be repaid in a "single balloon payment" equivalent to two times the principal investment.

Summary of this case from Ocean SW, Inc. v. Canam Pet Treats, Inc.
Case details for

Azzarello v. Navagility LLC

Case Details

Full title:TOM AZZARELLO, Plaintiff, v. NAVAGILITY LLC, Defendant

Court:United States District Court, N.D. California

Date published: Oct 16, 2008

Citations

No. C-08-2371 MMC (N.D. Cal. Oct. 16, 2008)

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