Adobe Systems Incorporated v. Colorado Internet Services, LLC et al

Filing 57

Judicial Referral for Purpose of Determining Relationship of Cases re 15-cv-00351. Signed by Judge Joseph C. Spero on February 2, 2015. (jcslc2, COURT STAFF) (Filed on 2/2/2015)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 BARGAIN SOFTWARE SHOP, LLC, Case No. 15-cv-00351-JCS Plaintiff, 8 v. 9 10 ADOBE SYSTEMS INCORPORATED, ORDER OF SUA SPONTE REFERRAL AS TO WHETHER CASES ARE RELATED Defendant. United States District Court Northern District of California 11 Civil Local Rule 3-12(c) provides that “[w]henever a Judge believes that a case pending 12 13 before that Judge is related to another case, the Judge may refer the case to the Judge assigned to 14 the lowest-numbered case with a request that the Judge assigned to the lowest-numbered case 15 consider whether the cases are related.” This case was transferred from the Western District of 16 Texas based on that court’s conclusion that it is related to two cases in this district before the 17 Honorable Judge Edward Chen, numbered 13-cv-04193-EMC and 14-cv-3721-EMC. See Report 18 and Recommendation (dkt. 32); Order Adopting Report and Recommendation (dkt. 33). The 19 Court has reviewed the claims of this case and the purportedly related cases, and agrees that the 20 cases might be related. Accordingly, pursuant to Rule 3-12(c), this action is REFERRED to Judge Chen for a 21 22 determination of whether this action is related to Adobe Systems Inc. v. Colorado Internet 23 Services, LLC, 13-cv-04193-EMC (N.D. Cal.) and/or Adobe Systems Inc. v. Bargain Software, 24 /// 25 /// 26 /// 27 /// 28 /// 1 LLC, 14-cv-3721-EMC (N.D. Cal.). Any party may file a response, opposition, or statement in 2 support of relating the cases no later than February 6, 2015.1 IT IS SO ORDERED. 3 4 Dated: February 2, 2015 ______________________________________ JOSEPH C. SPERO Chief Magistrate Judge 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 28 Two attorneys for Bargain Software Shop, LLC have moved to withdraw as counsel. See dkt. 36. The Court declines to address that motion pending resolution of whether the cases are related. 2

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