Netlist, Inc v. Smart Modular Technologies, Inc

Filing 190

ORDER by Judge Yvonne Gonzalez Rogers granting 155 Motion to Consolidate Cases C-13-5889-YGR and C-13-3901-YGR. Lead case number shall be C-13-5889-YGR. Case C-13-3901-YGR shall be administratively closed. (fs, COURT STAFF) (Filed on 4/8/2014)

1
2

UNITED STATES DISTRICT COURT

3

NORTHERN DISTRICT OF CALIFORNIA

4
5

NETLIST, INC.,
Plaintiff,

6
7
8
9
10

Northern District of California

United States District Court

11

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

12

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

13

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

14

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

15

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

16

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

17

Secret Case should also be consolidated.

18
19
20

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.

21

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

22

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

23

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

24

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

25

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

26

IT IS SO ORDERED.
Dated: April 8, 2014

27
28

__________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE