CG Technology Development, LLC et al v. FanDuel, Inc.

Filing 175

ORDERED that the Motion to Shorten Time (ECF No. 169 ) is DENIED. IT IS FURTHER ORDERED that Defendants in all member Cases shall, within seven (7) days, either JOIN the present Motion to Transfer for Improper Venue (ECF No. 168 ) or FILE a notice of waiver of the venue issue. Failure to comply will be deemed a waiver of the venue. Signed by Judge Robert C. Jones on 6/15/2017. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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______________________________________
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CG TECHNOLOGY DEVELOPMENT, LLC )
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et al.,
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Plaintiffs,
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vs.
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FANDUEL, INC.,
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Defendant.
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2:16-cv-00801-RCJ-VCF
ORDER

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These consolidated cases arise out of the alleged infringement of several patents relating

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to automated gambling. Defendants in the Lead Case, No. 2:16-cv-801, and one Member Case,

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No. 2:16-cv-781 (collectively, “Movants”), have asked the Court to transfer venue and have also

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asked the Court to shorten time to respond and reply. Specifically, Movants argue that the

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relevant Complaints allege no facts indicating that Movants either reside in or have any regular

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and established places of business in Nevada. See TC Heartland LLC v. Kraft Foods Grp. Brands

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LLC, 2017 WL 2216934, at *3 (2017) (holding that 28 U.S.C. § 1400(b) governs venue in patent

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infringement actions, not the general venue statute, § 1391).

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The Court will not shorten time. Particularly, where seven cases have been consolidated,

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the Court desires to have the views of all Defendants before ruling on the present motion. The

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Court also wishes to settle the newly arisen venue issue as to all of the consolidated cases at

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once.

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CONCLUSION

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IT IS HEREBY ORDERED that the Motion to Shorten Time (ECF No. 169) is DENIED.

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IT IS FURTHER ORDERED that Defendants in all member Cases shall, within seven (7)

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days, either JOIN the present Motion to Transfer for Improper Venue (ECF No. 168) or FILE a

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notice of waiver of the venue issue. Failure to comply will be deemed a waiver of the venue

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issue.

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IT IS SO ORDERED.

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Dated this 9th day of of June, 2017.
15th day June, 2017.

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_____________________________________
ROBERT C. JONES
United States District Judge

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