Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Lift-U, A Division of Hogan Mfg., Inc., A California v. Ricon Corp.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


March 26, 2012

LIFT-U, A DIVISION OF HOGAN MFG., INC., A CALIFORNIA CORPORATION, PLAINTIFF,
v.
RICON CORP., A CALIFORNIA CORPORATION, AND WESTINGHOUSE AIR BRAKE TECHNOLOGIES CORPORATION DBA VAPOR BUS INTERNATIONAL, A DELAWARE CORPORATION, DEFENDANTS.
LIFT-U, A DIVISION OF HOGAN MFG., INC., A CALIFORNIA CORPORATION, PLAINTIFF,
v.
NORTH AMERICAN BUSINESS INDUSTRIES, INC., AN ALABAMA CORPORATION,
DEFENDANT.

The opinion of the court was delivered by: Lucy H. Koh United States District Judge

ORDER CONSOLIDATING CASES

Before the Court is Lift-U's motion to consolidate the above captioned cases. See ECF No. 95. Defendant Ricon does not oppose this motion, ECF No. 96, and Defendant North American 21 Business Industries, Inc. ("NABI") has not yet been served with the complaint and has not made an 22 appearance. Pursuant to Federal Rule of Civil Procedure 42(a)(1), "If actions before the court 23 involve a common question of law or fact, the court may (1) join for hearing or trial any or all 24 matters at issue in the actions; [or] (2) consolidate the actions . . . ." The Court has reviewed 25 Plaintiff's motion and the relevant filings in both cases and finds that these cases involve common 26 questions of law and fact and that consolidation would promote judicial economy. Specifically, 27 both cases involve the validity of Lift-U's patents-in-suit and whether Ricon -- in the 10-CV-1850 28 (the "first case") -- or NABI -- in 12-CV-01129 (the "second case") -- is liable for infringement of the same Lift-U patents. Both cases also involve the same transaction, namely the offer to sale the 2 same accused product, Ricon's 1:6 rise-to-run ratio ramps. Accordingly, Lift-U's motion to 3 consolidate the two cases is GRANTED. The May 10, 2012 case management conference in the 4 first case is hereby VACATED. A case management conference for the consolidated case is set 5 for April 11, 2012. By April 4, 2012, the parties shall file a joint case management statement 6 proposing a schedule for the consolidated case. The April 20, 2012 settlement conference remains 7 as set. By March 30, 2012, Lift-U shall serve a copy of this Order on NABI and file a certificate of 8 service. All future filings will be made in first case's docket. 9

IT IS SO ORDERED.

20120326

© 1992-2012 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.