Modern Telecom Systems LLC v. Juno Online Services Inc et al

Filing 60

ORDER TO SHOW CAUSE RE: SCHEDULING, CONSOLIDATION by Judge David O. Carter. Show Cause Hearing set for 4/20/2015 at 08:30 AM before Judge David O. Carter. Response to Order to Show Cause due by 4/6/2015. Parties in all cases shall confer prior to the hearing date regarding their respective positions re: consolidation. (jtil)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. SA CV 14-0347-DOC (ANx)

Date: March 12, 2015

SA CV 14-0348-DOC (ANx)
SA CV 14-0920-DOC (ANx)
SA CV 14-1266-DOC (ANx)
Title: MODERN TELECOM SYSTEMS LLC V EARTHLINK, INC.
MODERN TELECOM SYSTEMS LLC V JUNO ONLINE SERVICES INC., ET AL.
MODERN TELECOM SYSTEMS LLC V FUJITSU LIMITED ET AL.
MODERN TELECOM SYSTEMS LLC V LENOVO GROUP LIMITED ET AL.

PRESENT:
THE HONORABLE DAVID O. CARTER, JUDGE
Deborah Goltz
Courtroom Clerk

Not Present
Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFF:

ATTORNEYS PRESENT FOR DEFENDANT:

None Present

None Present

PROCEEDINGS (IN CHAMBERS): ORDER TO SHOW CAUSE RE:
SCHEDULING, CONSOLIDATION
Before the Court are the four cases listed above, all filed by Plaintiff Modern
Telecom Systems, LLC. These cases appear to share: (1) the same causes of action based
on the same patents or group of patents; (2) the same Plaintiff; and (3) the same counsel
for Plaintiff. Accordingly, the Court ORDERS Parties to SHOW CAUSE why some or
all of these cases should not be consolidated for pretrial discovery and motions practice.
A decision about the appropriateness of consolidation for trial shall occur at a later date.1
1

Pursuant to the America Invents Act, 35 U.S.C. § 299(b), “accused infringers may not be
joined in one action as defendants or counterclaim defendants, or have their actions consolidated for trial,
based solely on allegations that they each have infringed the patent or patents in suit.” Thus, the cases
would be consolidated for pretrial purposes only at this point. Unless defendants waive their rights under
the America Invents Act, see 35 U.S.C. § 299(c), or it is determined that “questions of fact common to all
defendants or counterclaim defendants will arise in the action,” see 35 U.S.C. § 299(a)(2), each defendant
will be afforded its right to a separate trial.

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.

SACV 14-0347-DOC (ANx)
SACV 14-0348-DOC (ANx)
SACV 14-0920-DOC (ANx)
SACV 14-1266-DOC (ANx)

Date: March 12, 2015

The Court hereby orders as follows:
(1) All parties shall file a response to this Order, preferably jointly, of no more
than 5 pages on or before April 6, 2015. Failure to file a response to this
Order shall be deemed consent to consolidating these cases. The Parties
should address whether the dates currently set in the respective cases
should be vacated and aligned with the dates to be set in the matter of
Modern Telecom Systems LLC v. Fujitsu Limited et al., set for a scheduling
conference on April 20, 2015.
(2) In any event, all parties in all four cases shall appear before this Court on
Monday, April 20, 2015, at 8:30 a.m. and should be prepared to discuss
consolidation and scheduling.
(3) Parties in all cases shall confer prior to the hearing date regarding their
respective positions re: consolidation.
The Clerk shall serve this minute order on the parties.
MINUTES FORM 11
CIVIL-GEN

Initials of Deputy Clerk: djg