The opinion of the court was delivered by: Judge: Hon. Joseph C. Spero
JOINT STIPULATION AND [PROPOSED] ORDER TO CONSOLIDATE AND RELATED COUNTERCLAIMS
CASE NO.3:11-CV- 01080-JCS
1. Pursuant to Civil L.R. 7-12 and Federal Rules of Civil Procedure 42(a), Plaintiff Olympic Developments AG, LLC ("Plaintiff") and Defendants Sony Computer Entertainment 3 America LLC ("SCEA") and Sony Electronics Inc. ("SEL") (collectively "the Parties"), by and 4 through their respective counsel, hereby agree and stipulate, and respectfully request the Court to 5 enter an Order consolidating the above-captioned actions. This joint stipulation sets forth the 6 following facts upon which the Parties agree: 7
2. Plaintiff filed an action against SEL, SCEA, and several other defendants on September 28, 2010 in the United States District Court for the Central District of California, alleging 9 patent infringement. 10
3. On February 18, 2011, Plaintiff and SEL along with two other defendants, Apple, Inc. 11 and barnesandnoble.com LLC, filed a Joint Stipulation and Motion to Sever and Transfer Plaintiff's 12 Claims to the United States District Court for the Northern District of California. Case No. C-11-01655 EJD, Doc. 85. The court granted the joint motion on February 28, 2011. Id. at Doc. 89.
Following severance and transfer, Plaintiff and SEL, including Apple, Inc. and barnesandnoble.com 15 LLC, were docketed before Judge Edward J. Davila. 16
4. On February 21, 2011, Plaintiff and SCEA filed a Joint Stipulation and Motion to Sever and Transfer Plaintiff's Claims to the United States District Court for the Northern District of 18 California. Doc. 63. The court granted the joint motion on February 28, 2011. Doc. 66. Following 19 severance and transfer, Plaintiff and SCEA were docketed before this Court ("SCEA Action"). 20
5. Since their respective transfers, the Parties have engaged in several meet and confer discussions to join SEL in the SCEA Action. These discussions were described in subsequent filings 22 in the SCEA Action, in which the Parties stated that "Plaintiff, SCEA, and SEL have agreed that the 23 convenience of all parties and consistent and efficient judicial management would benefit from 24 removing Plaintiff's and SEL's claims from the [this] Action and asserting them in [the SCEA 25 Action]." Case No. 3:11-cv-01080-JCS, Docs. 91, 92. 26
6. On August 19, Plaintiff and SEL filed a Joint Stipulation to Sever Plaintiff's Claims Against SEL, severing SEL from barnesandnoble.com LLC (Apple, Inc. had previously been 28 dismissed pursuant to a settlement agreement). Case No. 11-cv-01655, Doc. 130. The court granted 2 the joint stipulation on August 23, 2011. Id. at Doc. 131. 3
7. In both the SCEA Action and the SEL Action, Plaintiff asserts claims of infringement arising out of the same patents. In both actions, SCEA and SEL also assert counterclaims against 5 Plaintiff regarding the same patents. Both SCEA and SEL share the same counsel and are affiliated 6 corporations. 7
8. Consolidation will avoid unnecessary cost and delay, increase efficiencies for the Parties, and provide economies for the Court. 9
9. In order to avoid unnecessary motion practice and further expense of the Parties and the Court's resources, the Parties, by and through their respective counsel, request an Order 11 consolidating the SEL Action and the SCEA Action for pretrial purposes. 12
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10. WHEREFORE, the Parties, by and through their respective counsel, hereby stipulate 2 to and request this Court to enter an Order consolidating Case No. 3:11-cv-01080-JCS and ...