UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
February 26, 2013
TITLE: GORDIUM INNOVATIONS LLC
TP-LINK USA CORPORATION
GORDIUM INNOVATIONS LLC
TRENDNET INC. GORDIUM INNOVATIONS LLC V. VERSA TECHNOLOGY INC.
GORDIUM INNOVATIONS LLC
ZYXEL COMMUNICATIONS INC.
The opinion of the court was delivered by: Present: The Honorable David O. Carter, Judge
CIVIL MINUTES -- GENERAL
Julie Barrera N/A Courtroom Clerk Court Reporter
ATTORNEYS PRESENT FOR PLAINTIFF: ATTORNEYS PRESENT FOR DEFENDANT:
None Present None Present
PROCEEDINGS: (IN CHAMBERS): ORDER TO SHOW CAUSE WHY THESE
CASES SHOULD NOT BE COMBINED
Before the Court are four cases filed by Plaintiff Gordium Innovations LLC:
12-cv-10006-DOC-JPRx, Gordium Innovations LLC v. TP-Link USA
Corporation ("10006") 12-cv-10011-DOC-JPRx, Gordium Innovations LLC v. TRENDnet Inc.
("10011") 12-cv-2059-DOC-JPRx, Gordium Innovations LLC v. Versa Technology
Inc. ("2059") 12-cv-2014-DOC-JPRx, Gordium Innovations LLC v. Zyxel
Communications Inc. ("2014")
These cases appear to share: (1) the same causes of action; (2) similar factual allegations against Defendants; (3) the same Plaintiff; and (4) the same counsel for Plaintiff.
Accordingly, the Court ORDERS Plaintiff to SHOW CAUSE why some or all of these cases should not be combined for the limited purpose of pretrial discovery. A decision about the appropriateness of consolidation for trial shall occur at a later date.*fn1
Plaintiff shall file a response to this Order of no more than 7 pages on or before March 4, 2013. Failure to file a response to this Order shall be deemed consent to consolidating these cases.
If any of the Defendants in these four actions-10006, 10011, 2059, or 2014- 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 than 4 pages on or before March 8, 2013. Failure to file shall be deemed consent to consolidating these cases.
If no party files a brief opposing consolidation by the deadlines imposed herein, then this Court ORDERS that, on March 12, 2013:
The following four cases are consolidated into one for pretrial purposes:
12-cv-10006-DOC-JPRx, Gordium Innovations LLC v. TP-Link USA Corporation; 12-cv-10011-DOC-JPRx, Gordium Innovations LLC v. TRENDnet Inc.; 12-cv-2059-DOC-JPRx, Gordium Innovations LLC v. Versa Technology Inc.; 12-cv-2014-DOC-JPRx, Gordium Innovations LLC v. Zyxel Communications Inc. The heading of the consolidated case shall be Gordium Innovations LLC v. Zyxel Communications Inc., SACV-12-2014-DOC-JPRx. On or before March 20, 2013, Plaintiff shall file an Amended Complaint in the consolidated case that shall include all defendants that Plaintiff intends to keep in the consolidated case.
On or before April 20, 2013, all defendants in the consolidated case shall file an Answer to the Amended Complaint
Any motions, pleadings, or answers filed prior to consolidation on March 12, 2013, shall be struck and must be refiled to be considered by this Court
If any of the parties in any of these four cases files a brief opposing consolidation, then all parties in all four cases shall appear before this Court on March 15, 2013, at 8:30 a.m.
The Clerk shall serve this minute order on all parties to the action.