IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
July 30, 2012
TRANSPERFECT GLOBAL, INC.;
TRANSPERFECT TRANSLATIONS INTERNATIONAL, INC.; AND TRANSLATIONS.COM, INC., PLAINTIFFS/COUNTERCLAIM DEFENDANTS,
MOTIONPOINT CORPORATION, DEFENDANT/COUNTERCLAIM PLAINTIFF.
The opinion of the court was delivered by: Claudia Wilken United States District Judge
ORDER REGARDING MCDERMOTT WILL & EMERY LLP AND MOTIONPOINT CORPORATION'S MOTION FOR RELIEF FROM ORDER GRANTING TRANSPERFECT'S MOTION FOR DISQUALIFICATION OF COUNSEL, Docket No. 204.
On May 30, 2012, Plaintiffs and Counterclaim Defendants TransPerfect Global, Inc., TransPerfect Translations 16 International, Inc., and Translations.com, Inc., collectively 17 referred to as Transperfect, moved to disqualify Defendant and 18 Counterclaim Plaintiff MotionPoint Corporation's counsel McDermott 19 Will & Emery, LLP. After holding a hearing, on June 20, 2012, 20 Magistrate Judge Spero granted the motion. On July 6, 2012, 21 McDermott and MotionPoint moved for relief from the nondispositive 22 disqualification order. McDermott and MotionPoint have also 23 petitioned for a writ of mandamus from the Federal Circuit. 24
Transperfect may submit within seven days a brief, not to 25 exceed eight pages, addressing the limited issue of whether a 26 later-acquired client may obtain disqualification of counsel for 27 an earlier-acquired client. The parties have not pointed to any 28 controlling authority on the issue. Judge Spero's order followed Fujitsu Limited v. Belken International, et al., 2010 WL 5387920 2 (N.D. Cal.), rather than Friskit v. RealNetworks, Inc., 2007 WL 3 1994204 (N.D. Cal.). MotionPoint may file a reply, not to exceed 4 four pages, within four days after TransPerfect has responded. 5
IT IS SO ORDERED.
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