Sonion Nederland BV v. Asius Technologies LLC

Filing 43

MEMORANDUM Order Signed by the Honorable Milton I. Shadur on 1/10/2012:Mailed notice(srn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
SONION NEDERLAND BV,
Plaintiff,
v.
ASIUS TECHNOLOGIES LLC,
Defendant.

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No.

12 C 76

MEMORANDUM ORDER
This action, which has been pending for something less than
two weeks short of a year, has just been transferred to this
District Court from the United States District Court for the
District of Delaware and has been assigned at random to this
Court’s calendar.

Although the November 18 and December 21, 2011

opinions by Delaware District Judge Robert Kugler granted that
transfer under 28 U.S.C. §1404(a) as appropriate in terms of the
“first-filed” rule (this Court’s colleague Honorable John Grady
has on his calendar an earlier-filed action between the same
parties and posing the same issues (at least in part), this case
does not qualify for direct assignment to Judge Grady under our
District Court’s LR 40.3--hence the random assignment to this
Court’s calendar is entirely proper.
That said, however, the same facts appear to portend the
prospect of a motion for reassignment to Judge Grady’s calendar
under LR 40.4 on grounds of relatedness.
case is before this Court.

Meanwhile, though, the

It therefore orders an early status

hearing at 9:30 a.m. January 19, 2012 for the purpose of
discussing the future course of this litigation.

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Milton I. Shadur
Senior United States District Judge
Date:

January 10, 2012

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