In Re Sony PS3 "Other OS" Litigation

Filing 7

MOTION to Relate Case filed by Jason Baker. (Attachments: # 1 Exhibit Exhibit A-Complaint in Ventura Action, # 2 Exhibit Exhibit B-Complaint in Baker Action)(Bishop, Charles) (Filed on 5/14/2010)

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Charles S. Bishop, CSB No. 99335 [e-mail] Connor & Bishop 44 Montgomery Street, Suite 1750 San Francisco, CA 94104 Telephone [phone] Facsimile 415.434.1445 Attorney for Plaintiffs

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

CASE NO. CV-10-1811 EMC ANTHONY VENTURA, on behalf of himself and all others similarly situated, Plaintiffs, vs. SONY COMPUTER ENTERTAINMENT AMERICA, INC. Defendant. JASON BAKER, SEAN BOSQUETT, FRANK BACHMAN, PAUL GRAHAM, and PAUL VANNATTA, Individually and on Behalf of All Others Similarly Situated, Plaintiffs, vs. SONY COMPUTER ENTERTAINMENT AMERICA, LLC successor to SONY COMPUTER ENTERTAINMENT AMERICA, INC. Defendant. CASE NO. C 10-01897 SC ADMINISTRATIVE MOTION TO RELATE BAKER AND VENTURA CASES CLASS ACTION

C L A S S ACTION; ADM I N I S T R A T I V E MOTION TO RELATE BAKER AND VENTURA CASES
Ventura v. Sony Computer Entertainment

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JASON BAKER, SEAN BOSQUETT, FRANK BACHMAN, PAUL GRAHAM and PAUL VANNATTA, Plaintiffs, submit this Administrative Motion to Relate the Baker and Ventura cases pursuant to local rules 3-12 and 7-11 because the following actions are related: ! ! Ventura v. Sony Computer Entertainment America, Inc.; USDC Civil Action No. 10-CV-01811 EMC (filed April 27, 2010)1 Baker, et al. v. Sony Computer Entertainment America, LLC successor to Sony Computer Entertainment America, Inc.; Civil Action No. 10-CV-01897-SC (filed April 30, 2010) and

Relating these cases is appropriate because the allegations in the Ventura action overlap those asserted in Baker. Judicial economy and the local rules dictate that the later action filed, Baker, should be transferred to Judge Chen, the presiding judge in the earlier filed case, Ventura. I. BAKER SEEKS DAMAGES BASED ON SONY'S PRACTICE OF DISABLING VALUABLE FUNCTIONS OF THE PLAYSTATION3 On April 30, 2010, Plaintiffs filed a Class Action Complaint. The Baker Complaint asserts violations of California's Unfair Competition Law §17200, et seq., California's Consumers Legal Remedies Act Civ. Code §1770(a)(5) and §1770(a)(19), breach of contract, and breach of the duty of good faith and fair dealing. These counts are all premised on Plaintiffs' allegations that Sony intentionally disabled valuable functions of the PlayStation3 for which consumers paid a premium price over other gaming consoles. Baker Complaint ¶2. Sony marketed and sold its PlayStation3 ("PS3") video game console as including valuable functions, such as the "Other OS" feature, unified online gaming service, PlayStation Network, multimedia capabilities, and Blu-ray technology. The PS3 could run a Linux operating system that transforms the PS3 into a home computer. Because of such exceptional features, the PS3 was the most expensive gaming console on the market when launched in 2006. Baker Complaint ¶1. \\\ \\\

A true and correct copy of the Ventura Complaint is attached hereto as Exhibit A. A true and correct copy of the Baker Complaint is attached hereto as Exhibit B.
CLASS ACTION; ADM I N I S T R A T I V E MOTION TO RELATE BAKER AND VENTURA CASES
Ventura v. Sony Computer Entertainment

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C L A S S ACTION; ADM I N I S T R A T I V E MOTION TO RELATE BAKER AND VENTURA CASES
Ventura v. Sony Computer Entertainment

VENTURA ALSO SEEKS DAMAGES BASED ON SONY'S PRACTICE OF DISABLING VALUABLE FUNCTIONS OF THE PLAYSTATION3 Plaintiff Ventura filed his Class Action Complaint on April 27, 2010. Ventura's action asserts violations of California's Unfair Competition Law, Business and Professions Code §17200, et seq., California's Consumers Legal Remedies Act Civil Code §1770(5) and 1770(19), breach of contract, unjust enrichment, and breach of the covenant of good faith and fair dealing. The Ventura action alleges that Sony intentionally disabled the valuable functionalities originally advertised as available with the Sony PS3 video game console. Ventura Complaint ¶1. The allegations are similar to the allegations in the Baker action. Specifically, Ventura alleges: ...Sony's marketing and advertising of the PS3 highlighted the major features that distinguish the PS3 from other gaming consoles, including its unified online gaming service, the PlayStation Network, its robust multimedia capabilities, its use of a high-definition optical Blu-ray Disc as its primary storage medium, and the Blu-ray 2.0-compliant Blu-ray player. Ventura Complaint ¶12. An important PS3 feature Sony advertised was the Other OS function, which provides users with the unique ability to install another operating system, such as a Linux operating system, alongside the main PS3 system software.

Until recently, Sony promoted the Other OS feature in its marketing of the PS3. Indeed, Sony stated on its website "playstation.com" that when it designed the PS3, "it was fully intended that you, a PS3 owner, could play games, watch movies, view photos, listen to music, and run a full-featured Linux operating system that transforms your PS3 into a home computer. Id. ¶14 As part of the PS3 launch in November 2006, Sony Computer Entertainment President Ken Kutaragi represented that the Linux operating system could be used on the PS3, which would allow purchasers to use a PS3 as a home personal computer with a direct connection to the Internet. Id. ¶15

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III. THE BAKER AND VENTURA ACTIONS ARE RELATED Local Rule 3-12 states that actions are related when "[t]he actions concern substantially the same parties, property, transaction or event" and "[i]t appears likely that there will be an unduly burdensome duplication of labor and expense or conflicting results if the cases are conducted before different Judges." The Baker and Ventura actions qualify as related under Local Rule 3-12 because Baker's allegations substantially overlap the allegations in the Ventura action. Same parties: Both Baker and Ventura seek representation of a putative class of all persons in the United States who purchased a PS3 during the period beginning November 17, 2006 through March 27, 2010, and still own their PS3 as of March 27, 2010. Specifically, Baker proposed a class of "all persons in the United States who purchased a PS3 during the period beginning November 17, 2006 through March 27, 2010, and still own their PS3 as of March 27, 2010. Baker Complaint ¶3. Ventura proposed class encompasses Baker's proposed class: "all persons who purchased a PS3 during the period November 17, 2006 to March 27, 2010 and who did not resell their PS3 before March 27, 2010." Ventura Complaint ¶2. Same "event" at issue: Both Baker and Ventura seek to recoup damages allegedly sustained by consumers due to Sony intentionally disabling valuable functions of the PS3 for which consumers paid a premium price over other gaming consoles. Both actions use these allegations as the foundation for causes of action based on California's Unfair Competition Law §17200, et seq., California's Consumers Legal Remedies Act Civ. Code §1770(a)(5) and §1770(a)(19), breach of contract, and breach of the duty of good faith and fair dealing. Potential for duplication of labor: If these cases proceed separately, discovery of documents, data, and information concerning these allegations will require duplication of labor. Potential for conflicting results: The overlapping factual allegations and causes of action create a risk for potentially conflicting results if the Baker and Ventura actions are litigated separately. \\\ \\\
C L A S S ACTION; ADM I N I S T R A T I V E MOTION TO RELATE BAKER AND VENTURA CASES
Ventura v. Sony Computer Entertainment

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For these reasons and in the interest of judicial economy, Plaintiffs request that their action be transferred to Judge Chen.

Dated: May 14, 2010

Connor & Bishop

By:

/s/Charles S. Bishop Charles S. Bishop Attorneys for Plaintiffs JASON BAKER, SEAN BOSQUETT, FRANK BACHMAN, PAUL GRAHAM, and PAUL VANNATTA, Individually and on Behalf of All Others Similarly Situated

C L A S S ACTION; ADM I N I S T R A T I V E MOTION TO RELATE BAKER AND VENTURA CASES
Ventura v. Sony Computer Entertainment

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