Wacoh Company v. Analog Devices Inc. et al

Filing 103

ORDER RE SEVERANCE AND RELATION OF SEVERED CASE re 102 STIPULATION WITH PROPOSED ORDER re 99 Case Management Conference - Initial, Case Referred to Early Neutral Evaluation, Set Deadlines/Hearings,,, Final Joint Stipulation re Alignment and Scheduling filed by Wacoh Company, VTI Technologies Inc., Invensense Inc. Signed by Judge Phyllis J. Hamilton on 7/23/12. (nah, COURT STAFF) (Filed on 7/23/2012)

1
2
3

UNITED STATES DISTRICT COURT

4

NORTHERN DISTRICT OF CALIFORNIA

5
6

WACOH COMPANY,

7
Plaintiff(s),

No. C 12-0530 PJH

8
v.
9
ANALOG DEVICES, INC., et al.,

11
For the Northern District of California

United States District Court

10

ORDER RE SEVERANCE AND
RELATION OF SEVERED CASE

Defendant(s).
_______________________________/

12
13

Defendants Analog Devices, Inc. and Robert Bosch LLC, settled with plaintiff and

14

were terminated from the docket on November 12, 2010 and August 8, 2011 respectively.

15

Defendant Kionix, Inc., was severed and transferred to the Northern District of New York on

16

January 19, 2012, before the case was transferred to the Northern District of California on

17

January 20, 2012. The Clerk shall amend the docket to reflect these three closings. The

18

defendants remaining in this law suit are VTI Technologies, Inc. and InvenSense, Inc.

19

Pursuant to the stipulation of the remaining parties and the discussion at the initial

20

case management conference, the court has determined that plaintiff’s claims against VTI

21

Technologies shall be severed from the claims against InvenSense, Inc. pursuant to Fed.

22

R. Civ. P. 21. Accordingly, this case (number C 12-0530 PJH) shall be referred to as the

23

“InvenSense Action,” and an amended complaint shall be filed within 14 days of the date of

24

this order. The Clerk shall restyle the case caption to reflect InvenSense as the sole

25

defendant. The severed claims against VTI Technologies Inc., shall be included in a new

26

complaint which must be filed within 14 days of the date of this order, and bear the new

27

caption. The Clerk shall accept the filing and open a new case file for the severed case

28

which will bear a different case number and caption. No additional filing fee is required. All

1

documents currently docketed in this case, shall be copied to the new docket as well.

2

Thereafter, documents shall be e-filed and docketed only on the one docket bearing the

3

correct case number and caption, or for documents pertinent to both cases (such as

4

Markman documents) they shall bear both cases numbers and be e-filed in both dockets.

5
6
7

The new “VTI Technologies Action” is related to this action pursuant to Civil Local
Rule 3-12, and thus shall be assigned to the undersigned judge.
Both actions will be treated as consolidated solely for purposes of pre-Markman

8

discovery and Markman proceedings, and shall proceed according to the stipulated

9

schedule set forth in the July 16, 2012 joint stipulation of the parties.
The July 26, 2012 date for case management conference is VACATED.

11
For the Northern District of California

United States District Court

10

IT IS SO ORDERED.

12

Dated: July 23, 2012
______________________________
PHYLLIS J. HAMILTON
United States District Judge

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2