Advanced Steel Recovery, LLC v. X-Body Equipment, Inc. et al

Filing 23

ORDER GRANTING MOTION to SEVER AND STAY CASE signed by District Judge Kimberly J. Mueller on 3/30/16. (Kaminski, H)

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CISLO & THOMAS LLP
Mark D. Nielsen, State Bar No. 210,023
[e-mail]
12100 Wilshire Boulevard, Suite 1700
Los Angeles, CA 90025
310-451-0647

LOCKE LORD LLP
Robert Harkins, State Bar No. 179525
[e-mail]
44 Montgomery Street, Suite 4100
San Francisco, CA 94104
415-318-8810

Attorneys for Plaintiff ADVANCED STEEL
RECOVERY, LLC

Attorneys For Defendants J.D.M.L., INC.
dba STANDARD INDUSTRIES, X-BODY
EQUIPMENT, INC., and JEWELL
ATTACHMENTS, LLC

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Lauren Keller Katzenellenbogen (SBN 223,370)
[e-mail]
KNOBBE, MARTENS, OLSON & BEAR, LLP
2040 Main Street, Fourteenth Floor
Irvine, CA 92614
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant ALLSTATE PAPER &
METAL RECYCING CO., INC.

Locke Lord LLP

44 Montgomery Street, Suite 4100
San Francisco, CA 94104

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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ADVANCED STEEL RECOVERY, LLC,
Plaintiff,

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v.
X-BODY EQUIPMENT, INC.,
JEWELL ATTACHMENTS, LLC, J.D.M.L., INC.
dba STANDARD INDUSTRIES, and ALLSTATE
PAPER & METAL RECYCLING CO., INC.,

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Defendants.

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CASE NO. 2:16-CV-00148-KJM-EFB
[PROPOSED ORDER] GRANTING
STIPULATED JOINT MOTION TO
SEVER AND STAY CASE AS TO
DEFENDANTS J.D.M.L., DBA
STANDARD INDUSTRIES AND
ALLSTATE PAPER & METAL
RECYCLING CO., INC. TO RESPOND
TO COMPLAINT
Hon. Kimberly J. Mueller
Courtroom 3, 15th Floor

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Case No. 2:16-CV-00148-KJM-EFB
[PROPOSED] ORDER GRANTING STIP MTN TO SEVER & STAY CASE AS TO DEFS. STANDARD & ALLSTATE

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Having considered the joint stipulated motion of all parties in the above-entitled lawsuit to

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sever and stay the lawsuit as to defendants J.D.M.L., Inc. dba Standard Industries (“Standard”) and

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Allstate Paper & Metal Recycling Co., Inc. (“Allstate”), and good cause appearing therefore, the

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MOTION IS HEREBY GRANTED. See In re Nintendo of Am., Inc., 756 F.3d 1363, 1365 (Fed. Cir.

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2014) (“When a patent owner files an infringement suit against a manufacturer’s customer and the

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manufacturer then files an action of noninfringement or patent invalidity, the suit by the

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manufacturer generally take precedence . . . . for it is the manufacturer who is generally the ‘true

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defendant’ in the dispute.”).

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The lawsuit is hereby severed as to defendant Standard, and that case is stayed pending the

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outcome of the patent infringement claim by plaintiff Advanced Steel Recovery, LLC (“ASR”)

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against defendants X-Body Equipment, Inc. (“X-Body”) and Jewell Attachments, LLC (“Jewell”).

Locke Lord LLP

44 Montgomery Street, Suite 4100
San Francisco, CA 94104

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Independently, the lawsuit is hereby severed as to defendant Allstate, and that case is stayed

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pending the outcome of the patent infringement claim by ASR against X-Body and Jewell. See 35

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U.S.C. § 299(a)(1) (multiple defendants cannot be joined in one patent action unless the right to

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relief asserted in the complaint arises “out of the same transaction, occurrence, or series of

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transactions or occurrences relating to the making, using, importing into the United States, offering

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for sale, or selling of the same accused product”); Fed. R. Civ. P. 21 (the court may sever any claim

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against a party that is misjoined); see also Mednovus, Inc. v. QinetiQ Grp. PLC, No. 2:12-03487,

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2012 WL 4513539 (C.D. Cal. Oct. 1, 2012).

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IT IS SO ORDERED.
DATED: March 30, 2016

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UNITED STATES DISTRICT JUDGE
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Case No. 2:16-CV-00148-KJM-EFB
[PROPOSED] ORDER GRANTING STIP MTN TO SEVER & STAY CASE AS TO DEFS. STANDARD & ALLSTATE