TransPerfect Global, Inc. et al v. MotionPoint Corporation

Filing 206

ORDER regarding McDermott Will & Emery LLP and MotionPoint Corporation's motion for relief from order granting Transperfect's motion for disqualification, Docket No. 204. (cwlc3, COURT STAFF) (Filed on 7/30/2012)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 6 TRANSPERFECT GLOBAL, INC.; TRANSPERFECT TRANSLATIONS INTERNATIONAL, INC.; AND TRANSLATIONS.COM, INC., 9 United States District Court For the Northern District of California 10 11 12 ORDER REGARDING MCDERMOTT WILL & EMERY LLP AND MOTIONPOINT CORPORATION’S MOTION FOR RELIEF FROM ORDER GRANTING TRANSPERFECT’S MOTION FOR DISQUALIFICATION OF COUNSEL, Docket No. 204. Plaintiffs/Counterclaim Defendants, 7 8 No. C 10-2590 CW v. MOTIONPOINT CORPORATION, Defendant/Counterclaim Plaintiff. ________________________________/ 13 14 On May 30, 2012, Plaintiffs and Counterclaim Defendants 15 TransPerfect Global, Inc., TransPerfect Translations 16 International, Inc., and, Inc., collectively 17 referred to as Transperfect, moved to disqualify Defendant and 18 Counterclaim Plaintiff MotionPoint Corporation’s counsel McDermott 19 Will & Emery, LLP. 20 Magistrate Judge Spero granted the motion. 21 McDermott and MotionPoint moved for relief from the nondispositive 22 disqualification order. 23 petitioned for a writ of mandamus from the Federal Circuit. 24 After holding a hearing, on June 20, 2012, On July 6, 2012, McDermott and MotionPoint have also Transperfect may submit within seven days a brief, not to 25 exceed eight pages, addressing the limited issue of whether a 26 later-acquired client may obtain disqualification of counsel for 27 an earlier-acquired client. 28 controlling authority on the issue. The parties have not pointed to any Judge Spero’s order followed 1 Fujitsu Limited v. Belken International, et al., 2010 WL 5387920 2 (N.D. Cal.), rather than Friskit v. RealNetworks, Inc., 2007 WL 3 1994204 (N.D. Cal.). 4 four pages, within four days after TransPerfect has responded. 5 MotionPoint may file a reply, not to exceed IT IS SO ORDERED. 6 7 8 Dated: CLAUDIA WILKEN United States District Judge 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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