Olympic Developments AG, LLC v. Sony Electronics, Inc.

Filing 6

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)

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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.

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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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OLYMPIC DEVELOPMENTS AG, LLC,
Plaintiff,

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v.
SONY COMPUTER ENTERTAINMENT
AMERICA LLC

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Defendant.

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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,

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

v.
SONY ELECTRONICS INC.
Defendant.

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

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1.

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

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

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

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

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

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following facts upon which the Parties agree:

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2.

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

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

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patent infringement.

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3.

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

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

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

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

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

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LLC, were docketed before Judge Edward J. Davila.

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4.

Id. at Doc. 89.

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

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

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

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

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5.

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

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

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

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

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

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

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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

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

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

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

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7.

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

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

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

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corporations.

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

Parties, and provide economies for the Court.
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In order to avoid unnecessary motion practice and further expense of the Parties and

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

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

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REMAINDER OF PAGE LEFT INTENTIONALLY BLANK

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

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10.

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

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

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

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Dated: August 26, 2011

Respectfully submitted,

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WHITE FIELD, INC.

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

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Dated: August 26, 2011

Respectfully submitted,

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SHOOK, HARDY & BACON

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By: /s/ Eric A. Buresh

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

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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.

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Dated: August 26, 2011

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

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Spero

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Judge Jo

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seph C.

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________________________________________
HONORABLE JOSEPH C. SPERO
UNITED STATES DISTRICT JUDGE

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09/01/2011

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