Affinity Labs of Texas, LLC v. BlackBerry Limited et al

Northern District of California, cand-4:2014-cv-03031

ORDER GRANTING MOTION TO RELATE CASES, SETTING CASE MANAGEMENT CONFERENCE. Case No. 14-cv-2717 shall serve as the lead case. All documents shall be filed in that case's docket. Case Management Conference specially set for Tuesday, 8/5/2014 02:01 PM in Courtroom 1, 4th Floor, Oakland. Signed by Judge Yvonne Gonzalez Rogers on 7/8/14. Modified on 7/9/2014

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 10 11 Northern District of California 12 AFFINITY LABS OF TEXAS LLC, Case Nos.: 14-CV-2717 YGR United States District Court 13 Plaintiff, ORDER GRANTING MOTION TO RELATE 14 v. CASES, SETTING CASE MANAGEMENT CONFERENCE 15 SAMSUNG ELECTRONICS CO., LTD., et al., 16 Defendants. 17 18 The above-styled case originated in the Eastern District of Texas ("Eastern District") as 19 E.D. Tex. Case No. 1:12-cv-00557-RC ("Samsung I"), but was conditionally transferred here 20 pending the Eastern District's entry of a claim construction order. The Clerk of this Court opened a 21 miscellaneous case, N.D. Cal. Case No. 13-mc-80209, to serve as an administrative placeholder for 22 the conditionally transferred case. That miscellaneous case was assigned to the undersigned judge. 23 On June 11, 2014, this Court, having been apprised of the Eastern District's entry of the 24 anticipated claim construction order, ordered the Clerk to assign a civil case number to the 25 miscellaneous case, signifying this Court's having taken jurisdiction of Samsung I. (See Dkt. No. 26 48.) The Clerk converted N.D. Cal. Case No. 13-mc-80209 into N.D. Cal. Case No. 14-cv-2717. 27 Following those events, the docket of Samsung I was electronically transferred to this Court, 28 where it was assigned N.D. Cal. Case No. 14-cv-2966. Thus, Samsung I now has, in effect, two 1 case numbers in this Court: 14-cv-2717 and 14-cv-2966. Both are assigned to the undersigned 2 judge. 3 In parallel proceedings, the Western District of Texas ("Western District") ordered the 4 transfer of two similar but separate actions to this Court, both involving plaintiff Affinity Labs of 5 Texas LLC ("Affinity Labs"). (See Dkt. No. 53, Exs. B & C.) Those two actions are W.D. Tex. 6 Case No. 6:13-cv-00364-WSS ("Samsung II") and W.D. Tex. Case No. 6:13-cv-00362-WSS 7 ("Blackberry"). Both cases have since been assigned civil case numbers by the Clerk of this Court: 8 Samsung II is now N.D. Cal. Case No. 14-cv-3030-JSC (Corley, J.) and Blackberry is now N.D. 9 Cal. Case No. 14-cv-3031-PSG (Grewal, J.). 10 Now before the Court is an administrative motion to relate Samsung II and Blackberry to 11 the above-styled case. (Dkt. No. 51.)1 The motion, being unopposed (see Dkt. No. 52 at 1) and 12 good cause appearing, is GRANTED. The Court also RELATES N.D. Cal. Case No. 14-cv-2966- Northern District of California United States District Court 13 YGR to the above-styled case. 14 To streamline the Court's docket management, Case No. 14-cv-2717 shall serve as the lead 15 case. All documents shall be filed in that case's docket. 16 The Court sets a case management conference on its 2:01 p.m. Calendar on Tuesday, 17 August 5, 2014, in Courtroom 1 of the United States Courthouse located at 1301 Clay Street in 18 Oakland, California. The parties in all related cases shall file a single, joint case management 19 conference statement at least seven days in advance of the case management conference. The 20 statement must include all elements requested in the "Standing Order for All Judges of the Northern 21 District of California – Contents of Joint Case Management Statement." 22 As set forth in the undersigned judge's Standing Order in Civil Cases, these conferences are 23 intended to be substantive and productive. Accordingly, each party shall be represented at the Case 24 Management Conference by counsel with authority to enter into stipulations and make admissions 25 pursuant to Fed. R. Civ. P. 16(a) and (c), as well as fully prepared to address all of the matters 26 27 1 Also before the Court is a motion to stay this action pending inter partes review and other 28 proceedings before the United States Patent and Trademark Office. (Dkt. No. 54.) That motion not yet being ripe, this Order addresses only the motion to relate cases. 2 1 referred to in the CAND CMC Order and Civil L.R. 16-10(b). Failure to do so shall be considered 2 grounds for sanctions. 3 This Order terminates Docket No. 51 and relates case numbers 14-cv-2966-YGR, 14-cv- 4 3030-JSC, and 14-cv-3031-PSG to 14-cv-2717-YGR. 5 IT IS SO ORDERED. 6 7 Date: July 8, 2014 _______________________________________ YVONNE GONZALEZ ROGERS 8 UNITED STATES DISTRICT COURT JUDGE 9 10 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3