Adobe Systems Incorporated v. Dracup et al

Filing 43

ORDER REQUIRING DEFENDANTS TO FILE SUPPLEMENTARY DOCUMENTS. Signed by Judge Samuel Conti on 4/3/2012. (sclc1, COURT STAFF) (Filed on 4/3/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ADOBE SYSTEMS INCORPORATED,
Plaintiff,

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For the Northern District of California

United States District Court

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v.
JONATHAN DRACUP, an individual
d/b/a www.buycheapsoftware.com,
BUY CHEAP SOFTWARE, INC., and
SOFTMAN PRODUCTS, LLC, a/k/a
Softman Products Company, LLC,

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Defendants.

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Case No. 11-3880 SC
ORDER REQUIRING DEFENDANTS
TO FILE SUPPLEMENTARY
DOCUMENTS

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Now before the Court is Defendants' Motion to Dismiss or

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Transfer for Improper Venue, or, Alternatively, to Transfer for

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Convenience.

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inter alia, that this case should be transferred to the Central

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District of California.

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on the existence of an earlier case between these parties, Softman

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Products Company LLC v. Adobe Systems Incorporated, No. CV00-

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04161DDP (AJWX) ("Softman I").

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judge in that case, United States District Judge Dean D. Pregerson,

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approved a stipulated settlement and entered a stipulated permanent

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injunction in that case.

ECF No. 19 ("Mot.").

Id. at 12.

Defendants' Motion argues,

Defendants base this argument

On July 30, 2003, the presiding

Mot. at 12; ECF No. 19-1 ("Dracup Decl.")

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¶6; Dracup. Decl. Ex. A ("Softman I Order").

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sits in the Central District of California, "retain[ed]

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jurisdiction" over (1) a Settlement Agreement and (2) a Stipulated

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Permanent Injunction filed in the earlier case.

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2.

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Judge Pregerson, who

Softman I Order at

Defendants' argument therefore implicates the contents of the

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Settlement Agreement and Stipulated Permanent Injunction filed in

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Softman I.

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copies of those documents.

United States District Court

For the Northern District of California

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However, Defendants have not supplied the Court with

Accordingly, Defendants are hereby ORDERED to electronically

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file a declaration in this case with true and complete copies of

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the Softman I Settlement Agreement and Stipulated Permanent

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Injunction attached.

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no later than 3:00 p.m. on Thursday, April 5, 2012.

Defendants shall complete the required filing

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IT IS SO ORDERED.

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Dated: April 3, 2012
UNITED STATES DISTRICT JUDGE

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