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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1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 6 7 8 9 10 11 ______________________________________ ) CG TECHNOLOGY DEVELOPMENT, LLC ) ) et al., ) ) Plaintiffs, ) ) vs. ) ) FANDUEL, INC., ) ) Defendant. ) 2:16-cv-00801-RCJ-VCF ORDER 12 13 These consolidated cases arise out of the alleged infringement of several patents relating 14 to automated gambling. Defendants in the Lead Case, No. 2:16-cv-801, and one Member Case, 15 No. 2:16-cv-781 (collectively, “Movants”), have asked the Court to transfer venue and have also 16 asked the Court to shorten time to respond and reply. Specifically, Movants argue that the 17 relevant Complaints allege no facts indicating that Movants either reside in or have any regular 18 and established places of business in Nevada. See TC Heartland LLC v. Kraft Foods Grp. Brands 19 LLC, 2017 WL 2216934, at *3 (2017) (holding that 28 U.S.C. § 1400(b) governs venue in patent 20 infringement actions, not the general venue statute, § 1391). 21 The Court will not shorten time. Particularly, where seven cases have been consolidated, 22 the Court desires to have the views of all Defendants before ruling on the present motion. The 23 Court also wishes to settle the newly arisen venue issue as to all of the consolidated cases at 24 once. 1 of 2 CONCLUSION 1 2 IT IS HEREBY ORDERED that the Motion to Shorten Time (ECF No. 169) is DENIED. 3 IT IS FURTHER ORDERED that Defendants in all member Cases shall, within seven (7) 4 days, either JOIN the present Motion to Transfer for Improper Venue (ECF No. 168) or FILE a 5 notice of waiver of the venue issue. Failure to comply will be deemed a waiver of the venue 6 issue. 7 IT IS SO ORDERED. 8 Dated this 9th day of of June, 2017. 15th day June, 2017. 9 10 _____________________________________ ROBERT C. JONES United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2 of 2

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