The opinion of the court was delivered by: The Honorable David O. Carter, Judge
Julie Barrera Not Present Courtroom Clerk Court Reporter
ATTORNEYS PRESENT FOR PLAINTIFFS: ATTORNEYS PRESENT FOR DEFENDANTS: NONE PRESENT NONE PRESENT
PROCEEDING (IN CHAMBERS): ORDER TO SHOW CAUSE WHY THESE CASES SHOULD NOT BE COMBINED
Before the Court are three cases filed by Plaintiff Joao Control and Monitoring Systems LLC, Inc. ("Plaintiff"): (1) Joao Control Monitoring Systems LLC v. ACTI Corporation Inc. et al., CV 10-1909 DOC(RBNx) ("10-1909 case"); ; (2) Joao Control Monitoring Systems LLC v. Webcamnow.com, CV 11-8257 DOC(RBNx) ("11-8257 case")*fn1 ; and (3) Joao Control Monitoring Systems LLC v. Digital Playground Inc., CV 12-0417 DOC(RBNx) ("12-0417").
These cases appear to share: (1) U.S. Patent No. 6,587,046; (2) some factual allegations; and (3) the same counsel for Plaintiff. For that reason, at a hearing on February 9, 2012, the Court asked the parties in the 11-8257 and 12-0417 cases if those two cases should be combined and/or if all three cases should be combined; the parties requested a formal briefing of this issue.
Accordingly, the Court ORDERS Plaintiff to SHOW CAUSE why: (1) the 10-1909 11-8257 case should not be combined into one; and (2) the 11-8257 and the 12-0417 case should not be combined into one; and (3) all three cases -- 10-1909, 11-8257, and 12-0417 -- should not be combined into one. Plaintiff shall file a response to this Order of no more than 13 pages on or February 27, 2012. Failure to file a response to this Order shall be deemed consent to consolidating these cases.
If any of the Defendants in these three actions -- 10-1909, 11-8257, and 12-0417 -- wishes to file a response to this Order or a reply to Plaintiff's response, they must do so in a brief of no more on or before March 5, 2012. Failure to file shall be deemed consent to consolidating
If any of the parties in any of these three cases files a brief opposing consolidation, parties in all three cases shall appear before this Court on March 19, 2012, at 8:30 a.m.
The Clerk shall serve this minute order on all parties ...