Google Inc. v. Rockstar Consortium US LP et al

Filing 67

MOTION to Transfer Case or, in the Alternative to Stay filed by MobileStar Technologies LLC, Rockstar Consortium US LP. Motion Hearing set for 6/26/2014 02:00 PM in Courtroom 2, 4th Floor, Oakland before Hon. Claudia Wilken. Responses due by 5/23/2014. Replies due by 5/30/2014. (Attachments: # 1 Declaration of Joshua Budwin, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 32, # 34 Exhibit 33, # 35 Exhibit 34, # 36 Exhibit 35, # 37 Declaration of William Colvin, # 38 Declaration of Brian Egan, # 39 Declaration of Erik Fako, # 40 Declaration of Mark Hearn, # 41 Declaration of Gillian Mccolgan, # 42 Declaration of Matthew Poisson, # 43 Declaration of Donald Powers, # 44 Declaration of Marilyn French-St. George, # 45 Declaration of John Veschi, # 46 Declaration of Bruce Anthony Wootton, # 47 Proposed Order)(Budwin, Joshua) (Filed on 5/9/2014)

EXHIBIT 34

Case3:14-cv-00498-WHA Document42 Filed04/15/14 Page1 of 2

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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Plaintiff,
v.

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For the Northern District of California

United States District Court

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No. C 14-00498 WHA

GOOGLE, INC.,

CONTENTGUARD HOLDINGS, INC.,

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Defendant.

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ORDER GRANTING MOTION
TO STAY
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Three pending actions are relevant to this order: (1) Contentguard Holdings, Inc. v.

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Amazon.com, Inc., et al., No. 2:13-cv-01112-JRG (E.D. Tex. Dec. 18, 2013) (Judge Rodney

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Gilstrap) (“Amazon action”); (2) Google, Inc. v. ContentGuard Holdings, Inc., No. 3:14-cv-

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00498-WHA (N.D. Cal. Jan. 31, 2014) (Judge William Alsup) (this action); and

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(3) ContentGuard Holdings, Inc. v. Google, Inc., No. 2:14-cv-00061-JRG-RSP (E.D. Tex.

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Feb. 5, 2014) (Judge Rodney Gilstrap) (“Google Texas action”).

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In this action, in March 2014, defendant ContentGuard Holdings, Inc. moved to stay,

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transfer, or dismiss this action in light of the actions pending in the Eastern District of Texas.

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Google opposed, arguing, inter alia, that this action was the first-filed action and the customer-

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suit exception applied. A March 2014 order held in abeyance ContentGuard’s fully-briefed

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motion to allow our sister district to rule on the motions pending there.

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On April 15, Judge Gilstrap denied Google’s motion to stay, denied ContentGuard’s

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motion to consolidate the Amazon action and the Google Texas action, and held in abeyance

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Motorola Mobility, LLC’s motion to sever (Dkt. No. 109). Judge Gilstrap deemed the Amazon

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action first-filed and found that the customer-suit exception did not apply.

Case3:14-cv-00498-WHA Document42 Filed04/15/14 Page2 of 2

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Having considered Judge Gilstrap’s twelve-page order, the interests of comity and

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judicial efficiency, and ContentGuard’s motion herein, this action is STAYED. The case

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management conference set for May 1 is VACATED. If anything changes materially, either side

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may seek relief from the stay.

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IT IS SO ORDERED.

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Dated: April 15, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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