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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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TRANSPERFECT GLOBAL, INC.;
TRANSPERFECT TRANSLATIONS
INTERNATIONAL, INC.; AND
TRANSLATIONS.COM, INC.,

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United States District Court
For the Northern District of California

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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,

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No. C 10-2590 CW

v.
MOTIONPOINT CORPORATION,
Defendant/Counterclaim
Plaintiff.
________________________________/

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On May 30, 2012, Plaintiffs and Counterclaim Defendants

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TransPerfect Global, Inc., TransPerfect Translations

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International, Inc., and Translations.com, Inc., collectively

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referred to as Transperfect, moved to disqualify Defendant and

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Counterclaim Plaintiff MotionPoint Corporation’s counsel McDermott

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Will & Emery, LLP.

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Magistrate Judge Spero granted the motion.

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McDermott and MotionPoint moved for relief from the nondispositive

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disqualification order.

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petitioned for a writ of mandamus from the Federal Circuit.

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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

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exceed eight pages, addressing the limited issue of whether a

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later-acquired client may obtain disqualification of counsel for

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an earlier-acquired client.

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controlling authority on the issue.

The parties have not pointed to any
Judge Spero’s order followed

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Fujitsu Limited v. Belken International, et al., 2010 WL 5387920

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(N.D. Cal.), rather than Friskit v. RealNetworks, Inc., 2007 WL

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1994204 (N.D. Cal.).

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four pages, within four days after TransPerfect has responded.

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MotionPoint may file a reply, not to exceed

IT IS SO ORDERED.

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Dated:

CLAUDIA WILKEN
United States District Judge

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United States District Court
For the Northern District of California

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