Olympic Developments AG, LLC v. Microsoft Corporation et al

Filing 102

STIPULATION AND ORDER TO CONSOLIDATE CASE C11-1080 JCS AND C11-4203 JCS. Signed by Judge Joseph C. Spero on 09/01/2011. (klhS, COURT STAFF) (Filed on 9/1/2011)

1
2
3
4
5
6
7
8
9
10
11

Eric A. Buresh (admitted pro hac vice)
[e-mail]
Abe J. Kean (admitted pro hac vice)
[e-mail]
SHOOK, HARDY & BACON LLP
2555 Grand Boulevard
Kansas City, Missouri 64108-2613
Telephone: [phone]
Facsimile: [phone]
Andrew L. Chang (SBN: 222309)
[e-mail]
SHOOK, HARDY & BACON LLP
One Montgomery, Suite 2700
San Francisco, California 94104-4505
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants and Counterclaimants
SONY COMPUTER ENTERTAINMENT AMERICA LLC
and SONY ELECTRONICS INC.

12
UNITED STATES DISTRICT COURT
13
FOR THE NORTHERN DISTRICT OF CALIFORNIA

14

SAN FRANCISCO DIVISION

15
16

OLYMPIC DEVELOPMENTS AG, LLC,
Plaintiff,

17
18
19

v.
SONY COMPUTER ENTERTAINMENT
AMERICA LLC

20
Defendant.

21
22

25
26

Judge: Hon. Joseph C. Spero
JOINT STIPULATION AND
[PROPOSED] ORDER TO
CONSOLIDATE CASE NO. 3:11-CV01080-JCS AND CASE NO. 3:11-CV04203-JSC

OLYMPIC DEVELOPMENTS AG, LLC,
Plaintiff,

23
24

Case No. 3:11-cv-01080-JCS

v.
SONY ELECTRONICS INC.
Defendant.

27
28

AND RELATED COUNTERCLAIMS
JOINT STIPULATION TO CONSOLIDATE
Case No. 3:11-cv-01080-JCS

1

1.

Pursuant to Civil L.R. 7-12 and Federal Rules of Civil Procedure 42(a), Plaintiff

2

Olympic Developments AG, LLC (“Plaintiff”) and Defendants Sony Computer Entertainment

3

America LLC (“SCEA”) and Sony Electronics Inc. (“SEL”) (collectively “the Parties”), by and

4

through their respective counsel, hereby agree and stipulate, and respectfully request the Court to

5

enter an Order consolidating the above-captioned actions. This joint stipulation sets forth the

6

following facts upon which the Parties agree:

7

2.

Plaintiff filed an action against SEL, SCEA, and several other defendants on

8

September 28, 2010 in the United States District Court for the Central District of California, alleging

9

patent infringement.

10

3.

On February 18, 2011, Plaintiff and SEL along with two other defendants, Apple, Inc.

11

and barnesandnoble.com LLC, filed a Joint Stipulation and Motion to Sever and Transfer Plaintiff’s

12

Claims to the United States District Court for the Northern District of California. Case No. C-11-

13

01655 EJD, Doc. 85. The court granted the joint motion on February 28, 2011.

14

Following severance and transfer, Plaintiff and SEL, including Apple, Inc. and barnesandnoble.com

15

LLC, were docketed before Judge Edward J. Davila.

16

4.

Id. at Doc. 89.

On February 21, 2011, Plaintiff and SCEA filed a Joint Stipulation and Motion to

17

Sever and Transfer Plaintiff’s Claims to the United States District Court for the Northern District of

18

California. Doc. 63. The court granted the joint motion on February 28, 2011. Doc. 66. Following

19

severance and transfer, Plaintiff and SCEA were docketed before this Court (“SCEA Action”).

20

5.

Since their respective transfers, the Parties have engaged in several meet and confer

21

discussions to join SEL in the SCEA Action. These discussions were described in subsequent filings

22

in the SCEA Action, in which the Parties stated that “Plaintiff, SCEA, and SEL have agreed that the

23

convenience of all parties and consistent and efficient judicial management would benefit from

24

removing Plaintiff’s and SEL’s claims from the [this] Action and asserting them in [the SCEA

25

Action].” Case No. 3:11-cv-01080-JCS, Docs. 91, 92.

26
27

6.

On August 19, Plaintiff and SEL filed a Joint Stipulation to Sever Plaintiff’s Claims

Against SEL, severing SEL from barnesandnoble.com LLC (Apple, Inc. had previously been

28
JOINT STIPULATION TO CONSOLIDATE
Case No. 3:11-cv-01080-JCS

1

dismissed pursuant to a settlement agreement). Case No. 11-cv-01655, Doc. 130. The court granted

2

the joint stipulation on August 23, 2011. Id. at Doc. 131.

3

7.

In both the SCEA Action and the SEL Action, Plaintiff asserts claims of infringement

4

arising out of the same patents. In both actions, SCEA and SEL also assert counterclaims against

5

Plaintiff regarding the same patents. Both SCEA and SEL share the same counsel and are affiliated

6

corporations.

7
8
9

8.

Consolidation will avoid unnecessary cost and delay, increase efficiencies for the

Parties, and provide economies for the Court.
9.

In order to avoid unnecessary motion practice and further expense of the Parties and

10

the Court’s resources, the Parties, by and through their respective counsel, request an Order

11

consolidating the SEL Action and the SCEA Action for pretrial purposes.

12

REMAINDER OF PAGE LEFT INTENTIONALLY BLANK

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
JOINT STIPULATION TO CONSOLIDATE
Case No. 3:11-cv-01080-JCS

1

10.

WHEREFORE, the Parties, by and through their respective counsel, hereby stipulate

2

to and request this Court to enter an Order consolidating Case No. 3:11-cv-01080-JCS and Case No.

3

3:11-cv-04203-JSC for pretrial purposes.

4

Dated: August 26, 2011

Respectfully submitted,

5

WHITE FIELD, INC.

6

By: /s/ Steven W. Ritcheson
Steven W. Ritcheson
ATTORNEY FOR PLAINTIFF OLYMPIC
DEVELOPMENTS AG, LLC

7
8
9
10

Dated: August 26, 2011

Respectfully submitted,

11

SHOOK, HARDY & BACON

12

By: /s/ Eric A. Buresh

13

Eric A. Buresh
Attorneys for Defendants and Counterclaimants
SONY COMPUTER ENTERTAINMENT
AMERICA LLC and SONY ELECTRONICS INC.

14
15
16

Pursuant to General Order No. 45.X.B., the below filer attests that concurrence in the filing
of this document has been obtained from the above Signatories.

17
18

Dated: August 26, 2011

/s/ Andrew L. Chang _____________________
Andrew L. Chang

19
20
PURSUANT TO STIPULATION, IT IS SO ORDERED.

ER

R NIA

FO

Spero

LI

Judge Jo

H

27

RT

26

seph C.

NO

25

________________________________________
HONORABLE JOSEPH C. SPERO
UNITED STATES DISTRICT JUDGE

A

24

09/01/2011

UNIT
ED

Dated:
23

ISTRIC
ES D
TC
AT
T

RT
U
O

22

S

21

N

F
D IS T IC T O
R

C

28
JOINT STIPULATION TO CONSOLIDATE
Case No. 3:11-cv-01080-JCS