Sybase, Inc. v. Vertica Systems, Inc.

Filing 31

ORDER by Judge Marilyn Hall Patel granting 17 Motion to Transfer Case to USDC EDTX; Clerk of Court shall transfer file forthwith;(Attachments: # 1 Supplement) (awb, COURT STAFF) (Filed on 4/23/2010)

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Steven Katz (application pending for Pro Hac Vice) [e-mail] FISH & RICHARDSON P.C. 225 Franklin Street Boston, Massachusetts 02110 Telephone: [phone] Facsimile: [phone] Tamara Fraizer (SBN 215942) [e-mail] FISH & RICHARDSON P.C. 500 Arguello Street, Suite 500 Redwood City, California 94063 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant VERTICA SYSTEMS, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO DIVISION)

SYBASE, INC., a Delaware corporation, Plaintiff, v. VERTICA SYSTEMS, INC., a Delaware corporation, Defendant.

Case No. 09-CV-05647-MHP [PROPOSED] ORDER RE VERTICA'S MOTION TO TRANSFER VENUE TO THE EASTERN DISTRICT OF TEXAS PURSUANT TO 28 U.S.C. § 1404(A) Date: Monday, May 3, 2010 Time: 2:00 p.m. Ctrm: 15, 18th Floor Judge: Hon. Marilyn H. Patel

Defendant Vertica Systems, Inc. ("Vertica") having filed a Motion to Transfer Venue to the Eastern District of Texas Pursuant to 28 U.S.C. § 1404 (A), the Court having carefully considered the submissions of the parties and the relevant law and facts, IT IS HEREBY ORDERED that Vertica's motion is GRANTED. for the reasons set forth in the Statement of Reasons, made a part of this Order at pages 3-5. 1

[PROPOSED] ORDER RE VERTICA'S MOTION TO TRANSFER VENUE TO THE EASTERN DISTRICT OF TEXAS PURSUANT TO 28 U.S.C. § 1404(A) Case No. 09-CV-05647-MHPi

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Pursuant to 28 U.S.C. § 1404(a), this action shall be transferred to the Tyler Division of the Eastern District of Texas, before which is pending the related matter of Sybase, Inc. v. Vertica Systems, Inc., Civil Action No. 6:08-cv-24[LED]. The Clerk of Court shall transfer the file forthwith.

22n day April So ORDERED this ___ d of ____________ , 2010.

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[PROPOSED] ORDER RE VERTICA'S MOTION TO TRANSFER VENUE TO THE EASTERN DISTRICT OF TEXAS PURSUANT TO 28 U.S.C. § 1404(A Case No. 09-CV-05647-MHPi

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50706018.doc

CERTIFICATE OF SERVICE The undersigned hereby certifies that on March 29, 2010, all counsel of record who are deemed to have consented to electronic service are being served with a copy of [PROPOSED] ORDER RE VERTICA'S MOTION TO TRANSFER VENUE TO THE EASTERN DISTRICT OF TEXAS PURSUANT TO 28 U.S.C. § 1404(A) via the Court's CM/ECF system per Local Rule 5-4 and General Order 45. Any other counsel of record will be served by First Class Mail.

/s/ Tamara Fraizer Tamara Fraizer

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[PROPOSED] ORDER RE VERTICA'S MOTION TO TRANSFER VENUE TO THE EASTERN DISTRICT OF TEXAS PURSUANT TO 28 U.S.C. § 1404(A Case No. 09-CV-05647-MHPi