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Adobe Systems Incorporated v. Jonathan Dracup

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


April 3, 2012

ADOBE SYSTEMS INCORPORATED, PLAINTIFF,
v.
JONATHAN DRACUP, AN INDIVIDUAL D/B/A WWW.BUYCHEAPSOFTWARE.COM, BUY CHEAP SOFTWARE, INC., AND SOFTMAN PRODUCTS, LLC, A/K/A SOFTMAN PRODUCTS COMPANY, LLC, DEFENDANTS.

ORDER REQUIRING DEFENDANTS court TO FILE SUPPLEMENTARY rict of California DOCUMENTS C ct For the Northern Dist

Now before the Court is Defendants' Motion to Dismiss or Transfer for Improper Venue, or, Alternatively, to Transfer for 20 Convenience. ECF No. 19 ("Mot."). Defendants' Motion argues, 21 inter alia, that this case should be transferred to the Central 22 District of California. Id. at 12. Defendants base this argument 23 on the existence of an earlier case between these parties, Softman 24 Products Company LLC v. Adobe Systems Incorporated, No. CV00-25 04161DDP (AJWX) ("Softman I"). On July 30, 2003, the presiding 26 judge in that case, United States District Judge Dean D. Pregerson, 27 approved a stipulated settlement and entered a stipulated permanent 28 injunction in that case. Mot. at 12; ECF No. 19-1 ("Dracup Decl.")

¶6; Dracup. Decl. Ex. A ("Softman I Order"). Judge Pregerson, who sits in the Central District of California, "retain[ed] jurisdiction" over (1) a Settlement Agreement and (2) a Stipulated Permanent Injunction filed in the earlier case. Softman I Order at 2. Defendants' argument therefore implicates the contents of the Settlement Agreement and Stipulated Permanent Injunction filed in Softman I. However, Defendants have not supplied the Court with 9 copies of those documents. 10 Accordingly, Defendants are hereby ORDERED to electronically court 11 file a declaration in this case with true and complete copies of i i tates D For the Northern District of California C ct 12 the Softman I Settlement Agreement and Stipulated Permanent Injunction attached. Defendants shall complete the required filing 14 no later than 3:00 p.m. on Thursday, April 5, 2012. IT IS SO ORDERED.

UNITED STATES DISTRICT JUDGE

20120403

© 1992-2012 VersusLaw Inc.



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