In Re Sony PS3 "Other OS" Litigation

Filing 196

ORDER DENYING MOTION TO RELATE CASES. by Judge Richard Seeborg (cl, COURT STAFF) (Filed on 12/28/2011)

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**E-filed 12/28/11** 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION 11 For the Northern District of California United States District Court 10 12 13 IN RE SONY PS3 OTHER OS LITIGATION No. C 10-1811 RS 14 15 16 17 ____________________________________/ HENRY GARCIA, No. C 11-2246 RS ORDER DENYING MOTION TO RELATE CASES 18 19 Plaintiff, 20 21 22 v. 23 SONY COMPUTER ENTERTAINMENT AMERICA LLC, et al., 24 Defendants. 25 ____________________________________/ 26 27 Sony Computer Entertainment America LLC and Sony Network Entertainment International 28 LLC (collectively “Sony”) are named as defendants in a putative class action initiated in this District 1 entitled Fineman v. Sony Network Entertainment International LLC, et al., Case No. 11-cv-05680 2 LB (“Fineman”). Sony moves under Local Civil Rule 3-12 to relate Fineman to either or both of 3 the cases captioned above, In re Sony PS3 Other OS Litigation, Case No. 10-cv-1811-RS (“Other 4 OS”) and Garcia v. Sony Computer Entertainment America, LLC, Case No. 11-cv-02246-RS 5 (“Garcia”). While Other OS and Garcia happen to be assigned to the same judge, they have not 6 been deemed related to each other within the meaning of Rule 3-12.1 In broad terms, Other OS involves allegations that it was wrongful for Sony to issue a 7 8 software update for the PS3 gaming system that, if installed, disabled the system’s “Other OS” 9 feature. Garcia advances a claim that some PS3 consoles are prone to experiencing a hardware failure when used to play certain games. Fineman involves no issues relating to the functionality of 11 For the Northern District of California United States District Court 10 PS3 systems, but challenges a provision recently added to the terms of use agreement governing 12 access to the PlayStation Network, which provides for mandatory arbitration and waiver of the right 13 to bring class actions. These three cases have potential overlap in membership of the putative classes and in 14 15 defendants named in the actions, and all have some relationship to the PS3 system. The terms of 16 use governing access to the PlayStation Network are implicated in at least Fineman and Other OS, 17 albeit in largely different ways. None of these points of similarity, however, warrant deeming any 18 of the three cases related under Rule 3-12. The motion is therefore denied. 19 20 IT IS SO ORDERED. 21 Dated: 12/28/11 RICHARD SEEBORG 22 UNITED STATES DISTRICT JUDGE 23 24 25 1 26 27 28 Sony asserts that the Court sua sponte reassigned Garcia to the undersigned, “good cause appearing.” To the extent Sony is inferring that the reassignment was based on any relationship between Garcia and Other OS, it is mistaken. When filed, Garcia was assigned to a magistrate judge. Upon plaintiff’s filing of a declination to the jurisdiction of the magistrate judge, the case was randomly reassigned to the undersigned. 2

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