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In Re Sony Ps3 Other Os Litigation v. Sony Computer Entertainment

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


December 28, 2011

IN RE SONY PS3 OTHER OS LITIGATION HENRY GARCIA,
PLAINTIFF,
v.
SONY COMPUTER ENTERTAINMENT
AMERICA LLC, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Richard Seeborg United States District Judge

United States District court For the Northern District of California

ORDER DENYING MOTION TO RELATE CASES

Sony Computer Entertainment America LLC and Sony Network Entertainment International LLC (collectively "Sony") are named as defendants in a putative class action initiated in this District entitled Fineman v. Sony Network Entertainment International LLC, et al., Case No. 11-cv-05680 2 LB ("Fineman"). Sony moves under Local Civil Rule 3-12 to relate Fineman to either or both of 3 the cases captioned above, In re Sony PS3 Other OS Litigation, Case No. 10-cv-1811-RS ("Other 4 OS") and Garcia v. Sony Computer Entertainment America, LLC, Case No. 11-cv-02246-RS 5 ("Garcia"). While Other OS and Garcia happen to be assigned to the same judge, they have not 6 been deemed related to each other within the meaning of Rule 3-12.*fn1

In broad terms, Other OS involves allegations that it was wrongful for Sony to issue a software update for the PS3 gaming system that, if installed, disabled the system's "Other OS" 9 feature. Garcia advances a claim that some PS3 consoles are prone to experiencing a hardware 10 failure when used to play certain games. Fineman involves no issues relating to the functionality of PS3 systems, but challenges a provision recently added to the terms of use agreement governing access to the PlayStation Network, which provides for mandatory arbitration and waiver of the right to bring class actions.

For the Northern District of California

These three cases have potential overlap in membership of the putative classes and in 15 defendants named in the actions, and all have some relationship to the PS3 system. The terms of use governing access to the PlayStation Network are implicated in at least Fineman and Other OS, albeit in largely different ways. None of these points of similarity, however, warrant deeming any 18 of the three cases related under Rule 3-12. The motion is therefore denied. 19 20

IT IS SO ORDERED.


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