eBay Inc. v. Digital Point Solutions, Inc. et al

Filing 218

NOTICE by Kyle F. Waldinger NOTICE OF RELATED CASE IN A CRIMINAL ACTION (Waldinger, Kyle) (Filed on 6/29/2010)

eBay Inc. v. Digital Point Solutions, Inc. et al

Doc. 218

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JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney BRIAN J. STRETCH (CSBN 163973) Chief, Criminal Division KYLE F. WALDINGER (ILSB 6238304) Assistant United States Attorney 450 Golden Gate Avenue, 11th Floor San Francisco, California 94102 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorneys for Plaintiff UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION EBAY, INC., ) ) Plaintiff, ) ) ) v. ) ) DIGITAL POINT SOLUTIONS, INC., ) SHAWN HOGAN, KESSLER'S ) FLYING CIRCUS, THUNDERWOOD ) HOLDINGS, INC., TODD DUNNING, ) DUNNING ENTERPISE, INC., BRIAN ) DUNNING, BRIANDUNNING.COM, ) and DOES 1 - 10 and 12 - 20,, ) ) Defendants. ) ____________________________________) UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) SHAWN D. HOGAN, ) ) Defendant. ) ____________________________________)

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No. CV 08-4052 JF [Filed August 25, 2008]

SAN JOSE VENUE

No. CR 10-0495 JF [Filed June 24, 2010]

SAN JOSE VENUE

NOTICE OF RELATED CASE CR 03-0217 CRB
Dockets.Justia.com

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UNITED STATES OF AMERICA,

) ) Plaintiff, ) ) v. ) ) BRIAN DUNNING, ) ) Defendant. ) ____________________________________)

No. CR 10-0494 RMW [Filed June 24, 2010] NOTICE OF RELATED CASE IN A CRIMINAL ACTION SAN JOSE VENUE

The United States of America, pursuant to Local Criminal Rule 8-1, hereby notifies the Court that the three above-captioned criminal cases are related. Two of the cases are already assigned to The Honorable Jeremy Fogel, i.e., Ebay, Inc. v. Digital Point Solutions, Inc. et al., CV 08-4052 JF, and United States v. Shawn D. Hogan, CR 10-0495 JF. The charges filed in United States v. Brian Dunning, CR 10-0494 RMW, involve one of the defendants charged in the civil complaint in case CV 08-4052. In that civil case, the defendants are alleged to have engaged in the same "cookie stuffing" scheme that is the subject of the Indictment in case CR 100494 RMW. Moreover, on the same date that the Grand Jury returned an indictment in the Dunning case, it returned an indictment in the Hogan case. The defendant Hogan is also one of the defendants in the civil case pending before The Honorable Jeremy Fogel and is alleged to have engaged in the same type of "cookie stuffing" as the defendant Dunning. The Hogan case was assigned to The Honorable Jeremy Fogel. The recently filed case CR 10-0494 RMW has been assigned to The Honorable Ronald M. Whyte. As noted above, the new case charges the same defendant as in case CV 08-4052 JF and relates to similar conduct. It is also related to similar conduct as alleged in case CR 10-0495 JF. The Dunning case is therefore "related" within the meaning on Local Rule 8-1(b)(1). Moreover, based upon these facts, all of these cases are related within the meaning of Local Rule 8-1(b)(2) because if heard by separate judges they likely would involve substantial duplication of labor by the two judges. Per the requirement of Local Criminal Rule 8-1(c)(4), government counsel states that assignment of these cases to a single judge is likely to conserve judicial resources and promote an /// NOTICE OF RELATED CASE CV 08-4054 JF

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efficient determination of each action. DATED: June 29, 2010 Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney

_________/s_______________________ KYLE F. WALDINGER Assistant United States Attorney

NOTICE OF RELATED CASE CV 08-4054 JF

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