The Chamberlain Group, Inc. v. Nortek Security & Control LLC

Filing 40

ORDER Granting #39 Motion to Stay and Staying Case. The Court grants Defendant's Motion, (ECF No. #39 ), and stays litigation in this case until the determination of the ITC becomes final. The Court denies without prejudice Defendant's Motion to Dismiss, (ECF No. #24 ). The parties shall file a joint status report with the Court within seven (7) days of the final determination. Signed by Judge Janis L. Sammartino on 6/8/2018. (mpl)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

SOUTHERN DISTRICT OF CALIFORNIA

10
11

THE CHAMBERLAIN GROUP, INC.,

Case No.: 17-CV-2412 JLS (AGS)

Plaintiff,

12
13

v.

ORDER GRANTING MOTION TO
STAY AND STAYING CASE

14

NORTEK SECURITY & CONTROL
LLC f/k/a LINEAR LLC,

(ECF No. 39)

15

Defendant.

16
17
18

Presently before the Court is Defendant Nortek Security & Control LLC’s Motion

19

to Stay. (ECF No. 39.) Defendant moves the Court to stay all proceedings in this case

20

pending the resolution of an investigation by the U.S. International Trade Commission

21

(“ITC”). (ECF No. 39-2, at 2.) The motion is unopposed. Defendant explains that Plaintiff

22

The Chamberlain Group, Inc., filed a complaint pursuant to section 337 of the Tariff Act

23

of 1930, requesting the ITC to investigate the same asserted patents as are at issue in this

24

case. (Id. (citing Declaration of Joseph P. Reid (“Reid Decl.”), ECF No. 39-3, ¶ 3).) On

25

June 6, 2018, the ITC formally opened an investigation against Defendant. (Id. (citing

26

Reid Decl. ¶ 4).)

27

28 U.S.C. § 1659(a) requires a district court, upon the request of a party who is also

28

a respondent in an ITC investigation, to stay proceedings in a civil action with respect to
1
17-CV-2412 JLS (AGS)

1

any claim that involves the same issues before the ITC. The party’s request must be made

2

within thirty days after the party is named as respondent in an ITC proceeding or thirty

3

days after the district court action is filed. § 1659(a)(1) & (2). Here, Defendant was named

4

as respondent in the ITC investigation involving the same asserted patents as this case. The

5

ITC opened its investigation on June 6, 2018 and Defendant filed the present motion the

6

same day, which clearly meets the thirty day requirement.

7

GRANTS Defendant’s Motion, (ECF No. 39), and STAYS litigation in this case until the

8

determination of the ITC becomes final. The Court DENIES WITHOUT PREJUDICE

9

Defendant’s Motion to Dismiss, (ECF No. 24). The parties SHALL file a joint status

10
11
12

Accordingly, the Court

report with the Court within seven (7) days of the final determination.
IT IS SO ORDERED.
Dated: June 8, 2018

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
17-CV-2412 JLS (AGS)