In Re Sony PS3 "Other OS" Litigation

Filing 30

Statement re 19 MOTION to Relate Case CORRECTION OF DOCKET # 16 ., 11 MOTION to Relate Cases; to Consolidate Related Cases; to Appoint Interim Co-Lead Counsel; and set Case Management Dates, 7 MOTION to Relate Case STATEMENT OF SUPPORT OF ADMINISTRATIVE MOTIONS TO RELATE VENTURA, BAKER, AND DENSMORE CASES by Sony Computer Entertainment America Inc. (McCrimmon, Deborah) (Filed on 5/19/2010)

Download PDF
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DLA PIPER LLP (US) S A N FR A N C I S C O LUANNE SACKS, Bar No. 120811 luanne.sacks@dlapiper.com GEORGE J. GIGOUNAS, Bar No. 209334 george.gigounas@dlapiper.com CARTER W. OTT, Bar No. 221660 carter.ott@dlapiper.com DEBORAH E. MCCRIMMON, Bar No. 229769 deborah.mccrimmon@dlapiper.com DLA PIPER LLP (US) 555 Mission Street, Suite 2400 San Francisco, CA 94105 Tel: 415.836.2500 Fax: 415.836.2501 Attorneys for Defendant SONY COMPUTER ENTERTAINMENT AMERICA LLC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ANTHONY VENTURA, on behalf of himself and all others similarly situated, Plaintiff, v. SONY COMPUTER ENTERTAINMENT AMERICA INC., Defendant. CASE NO. 3:10-CV-01811-RS STATEMENT OF SUPPORT OF ADMINISTRATIVE MOTIONS TO RELATE VENTURA, BAKER, AND DENSMORE CASES (CIVIL LOCAL RULE 3-12) WEST\21971596.2 STATEMENT OF SUPPORT OF ADMIN. MOTIONS TO RELATE CASES CASE NO. 3:10-CV-01811-RS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 I. INTRODUCTION Defendant Sony Computer Entertainment America LLC ("SCEA") does not oppose, and rather supports, the two pending administrative motions filed seeking, respectively, to relate the following two cases: Densmore, et al. v. Sony Computer Entertainment America Inc., Case No. 3:10-cv01945 ("Densmore") filed on May 5, 2010; and Baker, et al. v. Sony Computer Entertainment America LLC, Case No. 3:10-cv01897 ("Baker"), filed on April 30, 2010; to the following case, which was itself just assigned to Judge Seeborg: Ventura, et al. v. Sony Computer Entertainment America Inc., Case No. 3:10-cv01811 ("Ventura"), filed on April 27, 2010. SCEA further notes that in an additional case, Wright, et al. v. Sony Computer Entertainment America Inc., et al., Case No. 3:10-cv-01975 ("Wright"), filed on May 6, 2010, plaintiffs' counsel has filed a Notice of Related Case, but has not filed the appropriate Administrative Motion under Local Rule 3-12 to ask the Court to consider whether the case is related to Ventura. SCEA supports the relation of this case to the Ventura case as well. II. THE VENTURA, BAKER, DENSMORE AND WRIGHT CASES ARE RELATED UNDER LOCAL RULE 3-12(a) SCEA agrees that the four new cases are related to each other for the general reasons set forth in the respective Administrative Motions and Notices of Related Case. For instance, on April 30, 2010, plaintiff in Baker filed a Notice of Related Cases stating that the Baker and Ventura cases may be related "because each plaintiff has alleged that [SCEA] engaged in improper business practices relating to PlayStation 3 game consoles, to their damage," and because "[e]ach plaintiff seeks to represent a class of all similarly situated persons."1 The Notice of Related Cases in Wright, filed May 6, 2010, states that Wright is related to Ventura as "the actions concern substantially the same parties, property, transactions or event; and it appears likely that there will be an unduly burdensome duplication of labor and expense or 1 28 DLA PIPER LLP (US) S A N FR A N C I S C O See Declaration of Deborah E. McCrimmon In Support Of Defendant's Statement of Support of Administrative Motions To Relate Ventura, Baker and Densmore Cases, ("McCrimmon Decl."), 7, Ex. E, p. 2. -1- WEST\21971596.2 STATEMENT OF SUPPORT OF ADMIN. MOTIONS TO RELATE CASES CASE NO. 3:10-CV-01811-RS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 conflicting results if the cases are conducted before different judges."2 The Administrative Motion to relate the Baker and Ventura cases, filed on May 14, 2010, observes, among other things, that the allegations of those complaints "substantially overlap," and that the cases are related because: (i) they involve the "same parties" (a putative class of all persons in the United States who purchased a PS3 between November 17, 2006 and March 27, 2010, and still own it); and (ii) the "same `event' [is] at issue" (both "seek to recoup damages allegedly sustained by consumers due to Sony intentionally disabling [through a firmware update] valuable functions of the PS3...").3 The Administrative Motion in Densmore, filed on May 17, 2010, also references the similarity of allegations and putative class definitions in the two complaints.4 SCEA notes that on May 17, 2010, plaintiff in Ventura filed a noticed Motion for an order: (1) Finding Cases Related; (2) Consolidating Related Cases; (3) Appointing Interim CoLead Counsel, and (4) Setting Case Management Dates.5 SCEA does not join in that motion at this time (which seeks among other things, consolidation, as opposed to relation of these four cases) and to the contrary, reserves all rights with respect to fully responding to and, as appropriate, opposing matters raised in that motion. SCEA further notes that the four new cases (Ventura, Baker, Densmore and Wright) appear be related to the existing In re Sony PS3 Litigation pending before this Court, based on, among other things, the overlapping class definitions, the overlapping relief sought and the similarity in the alleged property, transactions and events in each case. Given that the issue of whether the four new cases are related to the existing In re Sony PS3 Litigation is not necessary to or dispositive of plaintiffs' pending Administrative Motions regarding Ventura, Baker, and Densmore, SCEA does not explicate that issue here, but will do so if the Court so requests. III. CONCLUSION For the above reasons, SCEA supports the relief sought by the Administrative Motions 2 27 28 DLA PIPER LLP (US) S A N FR A N C I S C O See McCrimmon Decl., 8, Ex. F, p.2. See McCrimmon Decl., 9, Ex. G, p.4. 4 See McCrimmon Decl., 10, Ex. H, pp. 1-3. 5 See McCrimmon Decl., 11, Ex. I. 3 -2- WEST\21971596.2 STATEMENT OF SUPPORT OF ADMIN. MOTIONS TO RELATE CASES CASE NO. 3:10-CV-01811-RS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DLA PIPER LLP (US) S A N FR A N C I S C O filed by the Baker and Densmore plaintiffs, and the Notice of Related Cases filed by the Wright plaintiffs. SCEA respectfully submits that the Ventura, Densmore, Baker and Wright cases allegedly concern substantially the same parties, property, transactions and events, and that it is likely that there will be an unduly burdensome duplication of labor and expense or conflicting results if those four cases were not conducted before this Court. Under Local Rule 3-12, the Ventura, Densmore, Baker and Wright cases should be related and assigned to this Court. Dated: May 19, 2010 DLA PIPER LLP (US) By /s/ Deborah E. McCrimmon DEBORAH E. MCCRIMMON Attorneys for Defendant Sony Computer Entertainment America LLC -3WEST\21971596.2 STATEMENT OF SUPPORT OF ADMIN. MOTIONS TO RELATE CASES CASE NO. 3:10-CV-01811-RS