Diablo Technologies Inc v. Netlist Inc

Filing 84

ORDER RE: CONSOLIDATION ANDCOORDINATION OF CASES. Consolidating C-13-5889-YGR and C-13-3901-YGR. All further filings shall be filed in the lead case number C-13-5889-YGR only. Administratively closing C-13-3901.. Signed by Judge Yvonne Gonzalez Rogers on 4/8/2014. (cpS, COURT STAFF) (Filed on 4/8/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NETLIST, INC.,
Plaintiff,

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Northern District of California

United States District Court

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Case No.: 13-cv-05889 YGR
ORDER RE: CONSOLIDATION AND
COORDINATION OF CASES

vs.
SMART STORAGE SYSTEMS, INC., SMART
WORLDWIDE HOLDINGS, INC., DIABLO
TECHNOLOGIES, INC.,
Defendants.
On March 4, 2014, plaintiff Netlist, Inc. filed a motion to Consolidate/Coordinate Related

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Cases under Rule 42(a)(2). The motion seeks to consolidate Related Case Nos. 4:13-CV-05889-

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YGR and 4:13-CV-03901-YGR (collectively, the “Patent Cases”) and to coordinate discovery with

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Related Case No. 4:13-CV-05962-YGR (the “Trade Secret Case”).

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The parties agree that the Patent Cases should be consolidated and that they should, at a

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minimum, be coordinated with the Trade Secret Case. The dispute stems from the whether the Trade

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Secret Case should also be consolidated.

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Having considered the parties’ arguments, and good cause appearing, the motion is
GRANTED. The Court ORDERS as follows:
(1) 4:13-CV-05889-YGR and 4:13-CV-03901-YGR are CONSOLIDATED for all purposes.

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Case No. 4:13-CV-05889-YGR shall be the lead case number, and all further filings shall be in the

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lead case number only. Case number 4:13-CV-03901-YGR shall be administratively closed.

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(2) The parties SHALL COORDINATE discovery in Related Case Nos. 4:13-CV-05889-YGR,

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4:13-CV-03901-YGR, and 4:13-CV-05962-YGR. The request to consolidate 4:13-CV-05962 is

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DENIED without prejudice to renewing the request at a later point in the proceedings.

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IT IS SO ORDERED.
Dated: April 8, 2014

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__________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE