Van Valin et al v. Google, Inc.

Filing 26

CONDITIONAL TRANSFER ORDER Dated 8/17/10 transferring this case to the USDC for the Northern District of California at San Jose pursuant to MDL #2184, and assigned to the Honorable James Ware. Signed and sealed 8/18/10 by Cinda Vargas, Deputy Clerk, USDC Northern District of California.

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Van Valin et al v. Google, Inc. Doc. 26 .,.., A CERTIFIED TRUE COpy ATTES.T By Debbie Nguyen on Aug 17, 2010 FOR THE ~t.ED STATES Jl!DICIAt ~t.·ON MULTIOtSTRICj LITIGATION UNITED STATES Filed MNJOU MULTIOISTRlCT LITIGATION JUDiCIAl PANEL ON UNITED STATES J U D I C I A L pAl!UkJl, ~ 2010 F1LEb on MULTIDISTRICT LITI.W>Dr:m~eJ(ING CLERK'SOFFICE ·· NDIl1'HIAH Dl8TFI1CT OF t'~A ~I MDLNo.2184 Aug 17,2010 I N R E : GOOGLE I N C . S T R E E T V I E W E L E C T R O N I C COMMUNICATIONS LITIGATION TRANSFER <@»¥ 1 0 - ia action have Before the entire Panel: Plaintiffs in one District o f District o f Columb ial proceedings o f this moved, pursuant to 28 U.S.C. § 1407, for coordinated or consolidated pretr District o f District o f litigation in the District o f District o f Columbia. Plaintiffs in the other ntiffs in the Northern Columbia action and a potentially-related action support the motion. Plai d another potentially-related action, District ofCalifomia and Southern District oflliinois actions an Northern District o f as well as defendant, Google, Inc. (Google), suggest centralization in the ict o f Oregon actions California. Plaintiffs i n the Eastern District o f Pennsylvania and the Disb the District o f Oregon. suggest centralization in the Northern Disbict ofCalifomia or, alternatively, n in the Disbict o f Plaintiff in the District o f Massachusetts action suggests centralizatio Massachusetts. pending in six This litigation currently consists o f eight actions listed on Schedule A and the District oIDistrict districts as foUows: two actions each in the Northern District ofCalifomia and trict o f Massachusetts, o f Columbia, and one action each i n the Southern District ofnlinois, the Dis the District o f Oregon, and the Eastern District o f Pennsylvania. I 0 3 6 4 1 JW PVl ... .' ~ . ctions involve On the basis o f the papers filed and hearing session held, we fmd that these a in the Northern District o f common questions offaet, and that centralization under Section 1407 te the j u s t and efficient California will serve the convenience o f the parties and witnesses and promo llegations that Google conduct ofthis litigation. These actions share factual questions arising out o f a s members' open, nODintentionally intercepted electronic communications sent or received over clas plicative discovery; prevent inconsistent secured wireless networks. Centralization will eliminate du esources o fthe parties, pretrial rulings, including with respect to class certification; and conserve the r their counsel, and the judiciary. ansferee forum We are persuaded that the Northern District ofCalifomia is an appropriate tr artered there, and most relevant documents for this litigation. The sole defendant, Google, is headqu ending, The parties have notified the Panel that five additional related actions are p e action in the Eastern District o f four actions in the Northern District o f California and on and 7.5, R.P.J.P.M.L., Pennsylvania. These actions are potential tag-along actions. See Rules 7.4 I hereby c e r t l f y t h a t a C 8 8 8 t . 199 F.R.D. 425, 435-36 (2001). been opened In t h e NoItt8n ~"Cr DIttrict o f Caltfomla. A'lTESr. , -2- port centralization in and witnesses are likely located there. Moreover, most responding parties sup this district. ons listed on IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. § 1407, the acti are transferred to the Northern Schedule A and pending outside the Northern District o f California able James Ware for District ofCalifomia and, with the consent o f that court, assigned to the Honor t h e r e and listed on coordinated or consolidated pretrial proceedings with the actions pending Schedule A. . Street View IT IS FURTHER ORDERED that this litigation is renamed " I n re: Google Inc Electronic Communications Litigation." PANEL ON MULTIDISTRICT LITIGATION Chairman Robert L. Miller, Jr. David R. Hansen Frank C. Damrell, Jr. Kathryn H. Vratil W. Royal Furgeson, Jr. Barbara S. Jones VIEW ELECfRONIC IN R E : G O O G L E I N C . S T R E E T ION COMMUNICATIONS LITIGAT SCHEDULE A MDLNo.2184 Northern District o f California , C.A. No. 5:10-2187 Matthew Berlage, etal. v. Google, Inc. 5:10-2306 B. Stokes v. Google, Inc., C.A. No. District o f District o f Columbia o. 1:10-877 Jeffrey Colman v. Google, Inc., C.A. N .A. No.1: 10-896 Patrick Keyes, et aI. v. Google, Inc., C Southern District o f lllinois ., C.A. No. 3:10-400 John E. Redstone, et aI. v. Google, Inc District o f Massachusetts e, Inc., C.A. No. 1:10-10871 Galaxy Internet Services, Inc. v. Googl District o f Oregon C.A. N o . 3 : 10-557 Vicki Van Valin, e t a1. v. Google, Inc., Eastern District o f Pennsylvania C.A. No.2: 10-2649 Stephanie Carter, et a1. v. Google, Inc., OFFICE OF THE C L E R K UNITED S T A T E S D I S T R I C T C O U R T N O R T H E R N D I S T R I C T OF C A L I F O R N I A ' Richard W. Wieking Clerk 2 8 0 S. 1st Street, Rm. 2112 San Jose. C A 95113 408.535.5363 Mary L. Moran, Clerk 740 Mark O. Hatfield United States Courthouse 1000 S o u t h w e s t Third A v e n u e Portland, OR 97204 In Re: Google Inc. Street View Electronic Communications Litigation C a s e Number C10-3641 JW PVT (Vicki Van Valin, et.a!. v. Google, Inc., C.A. No. 3:10-557) Dear Clerk: Attached is a certified copy o f the order (TO-) from the Judicial Panel on Multidistrict Litigation ordering the transfer o f the above-entitled case currently pending in your district. Pursuant to this order, the case must be transferred to the Northern District o f California. Please file the attached, certified copy o f the transfer order in the affected case. After the case has been closed in y o u r district, please transmit it to the Northern District o f California a t the following email address: I n t e r D i s t r i c t T r a n s f e r_ c a n d @ c a n d . u s c o u r t s . g o v . If the case cannot be transmitted through CM/ECF, please forward t i l e original record and a certified copy o f the docket entries in the case listed above along with the enclosed copy o f this transmittal letter to: Cindy Vargas United S t a t e s D i s t r i c t C o u r t Northern D i s t r i c t o f California 280 S. 1st Street, Rm. 2112 San Jose, C A 95113 Please do not hesitate to contact me at 408 535-5386 i f you have any questions. Thank you .. Sincerely, Cindy Vargas D e p u t y Clerk Attachment cc: Judicial Panel on Multidistrict Litigation

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