Art of Living Foundation v. Does 1-10

Filing 176

Order by Hon. Lucy H. Koh granting 170 Motion to Relate Case.(lhklc3, COURT STAFF) (Filed on 6/8/2012)

Case5:10-cv-05022-LHK Document170 Filed06/01/12 Page1 of 5

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KRONENBERGER ROSENFELD, LLP
Karl S. Kronenberger (Bar No. 226112)
Jeffrey M. Rosenfeld (Bar No. 222187)
150 Post Street, Suite 520
San Francisco, CA 94108
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff
Art of Living Foundation

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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ART OF LIVING FOUNDATION, a
California corporation,

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Plaintiff,

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vs.
DOES 1-10, inclusive,
Defendants.

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Case No. 10-cv-5022 LHK (HRL)
PLAINTIFF’S NOTICE OF
ADMINISTRATIVE MOTION AND
ADMINISTRATIVE MOTION TO
CONSIDER WHETHER CASES ARE
RELATED; MEMORANDUM OF
POINTS AND AUTHORITIES IN
SUPPORT THEREOF; [PROPOSED]
ORDER

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Date: In Chambers
Time: In Chambers
Ctrm: In Chambers

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Before The Hon. Lucy H. Koh

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Case No. 10-cv-5022 LHK-HRL

PLAINTIFF’S MOT. TO RELATE CASES;
MPA; [PROP] ORDER

Case5:10-cv-05022-LHK Document170 Filed06/01/12 Page2 of 5

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TO ALL PARTIES AND THEIR RESPECTIVE COUNSEL:

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PLEASE TAKE NOTICE THAT pursuant to Northern District of California Civil

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Local Rule 3-12 (“Local Rule 3-12”), Plaintiff Art of Living Foundation (“Plaintiff” or “Art of

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Living”) hereby moves the Court for an order relating the following case:

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

Art of Living Foundation v. Eng-An Chou, No. 12-CV-2748 PSG (N.D. Cal.)
This Motion is based on Plaintiff’s Memorandum of Points and Authorities set forth

below, and all pleadings on file in this case.
Defendant Skywalker stipulates to the relation of the two cases.

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DATED: June 1, 2012

KRONENBERGER ROSENFELD, LLP

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By:

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s/ Karl S. Kronenberger
Karl S. Kronenberger

Attorneys for Plaintiff,
Art of Living Foundation

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Case No. 10-cv-5022 LHK-HRL

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PLAINTIFF’S MOT. TO RELATE CASES;
MPA; [PROP] ORDER

Case5:10-cv-05022-LHK Document170 Filed06/01/12 Page3 of 5

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MEMORANDUM OF POINTS AND AUTHORITIES

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Local Rule 3-12 provides that whenever a party knows or learns that an action,

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filed in or removed to this district, is related to an action which is or was pending in this

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District, the party must promptly file in the earliest-filed case an Administrative Motion to

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Consider Whether Cases Should be Related. Plaintiff hereby moves the Court for an

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order granting the relationship of this case to the case styled Art of Living Foundation v.

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Eng-An Chou, No. 12-CV-2748 PSG (the “Chou Action”), and order that the Clerk

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reassign the Chou Action to the Honorable Lucy H. Koh.

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Actions are related when they concern substantially the same parties, property,

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transaction or event, or where it appears that it will be an unduly burdensome duplication

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of labor and expense or conflicting results if the cases are conducted before different

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judges. L. Civ. R. 3-12.

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Both this action and the Chou Action involve the same plaintiff: The Art of Living

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Foundation. In this action, Plaintiff has alleged that pseudonymous Defendant Skywalker

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misappropriated Plaintiff’s trade secrets by posting portions of Plaintiff’s confidential texts

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on the blog located at <aolfree.wordpress.com>. In particular, Plaintiff has alleged that

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Skywalker posted the text of Plaintiff’s Sudarshan Kriya Notes. In the Chou Action,

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Plaintiff has alleged that Defendant Chou breached her contracts with Plaintiff by

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disclosing the Sudarshan Kriya Notes to Skywalker.

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Thus, this action and the Chou Action concern substantially the same parties,
property, or event, and should be considered related cases.

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STIPULATION BY DEFENDANT SKYWALKER

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Defendant Skywalker stipulates to the relation of the two cases.

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//

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//

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//

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//

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//
Case No. 10-cv-5022 LHK-HRL

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PLAINTIFF’S MOT. TO RELATE CASES;
MPA; [PROP] ORDER

Case5:10-cv-05022-LHK Document170 Filed06/01/12 Page4 of 5

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CONCLUSION

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Based on the foregoing, Plaintiff respectfully requests that the Court issue an

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order, pursuant to Local Rule 3-12, relating this case to the Chou Action and ordering the

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Clerk to reassign the Chou Action to the Honorable Lucy H. Koh.

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Respectfully submitted,

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DATED: June 1, 2012

KRONENBERGER ROSENFELD, LLP

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By:

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s/ Karl S. Kronenberger
Karl S. Kronenberger

Attorneys for Plaintiff,
Art of Living Foundation

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DEFENDANT SKYWALKER STIPULATES to the relation of the two cases.

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DATED: June 1, 2012
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By:
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s/ Joshua Koltun
Joshua Koltun

Attorney for Defendant Doe/Skywalker

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ATTESTATION OF CONCURRENCE IN FILING
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Pursuant to General Order No. 45, Part X.B, the filer hereby attests that
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concurrence in the filing of this document has been obtained from each of the other
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signatories, which shall serve in lieu of their signatures on the document.
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Case No. 10-cv-5022 LHK-HRL

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PLAINTIFF’S MOT. TO RELATE CASES;
MPA; [PROP] ORDER

Case5:10-cv-05022-LHK Document170 Filed06/01/12 Page5 of 5

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[PROPOSED] ORDER
Having considered Plaintiff’s Administrative Motion to Consider Whether Cases
Should be Related and good cause having been shown,

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IT IS HEREBY ORDERED that Plaintiff’s Motion is GRANTED.

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IT IS HEREBY FURTHER ORDERED that this case is related to the case styled

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Art of Living Foundation v. Eng-An Chou, No. 12-CV-2748 PSG (the “Chou Action”).
IT IS HEREBY FURTHER ORDERED that the Clerk shall reassign the Chou
Action to the Honorable Lucy H. Koh.

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IT IS SO ORDERED.

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June 4, 2012
Dated:___________________
June 8, 2012

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Honorable Lucy H. Koh

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United States District Judge

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Case No. 10-cv-5022 LHK-HRL

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PLAINTIFF’S MOT. TO RELATE CASES;
MPA; [PROP] ORDER