Secure Web Conference Corporation v. Microsoft Corporation

Filing 23

ORDER in case 2:13-cv-02642-JS-AKT; granting (6) Motion to Consolidate Cases in case 2:13-cv-03809-JS-WDW. The Court GRANTS Plaintiff's request and ORDERS that Secure Web Conference Corp. v. Microsoft Corp., No. 13-CV-2642, and SecureWeb Confe rence Corp. v. Logitech, Inc., No. 13-CV-3809, be consolidated. All future filings are to be docketed in the earlier-filed case, case number 13-CV-2642. Further, the Court ORDERS that the Scheduling Orders issued by Magistrate Judge A. Kathleen Tomlinson in case number 13-CV-2642 shall govern the consolidated action. The Clerk of the Court is directed to consolidatethese matters and to mark case number 13-CV-3809 closed. So Ordered by Judge Joanna Seybert on 10/22/2013. (Padilla, Kristin)

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FILED us * UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ---------------------------------------X SECURE WEB CONFERENCE CORPORATION, ····y ,_ DIS' >'~IC RK I s OFFICE COURT E.D N y OCT 22 2013 ORDEJ-ONG ISLAND OFF' 13-CV-2642 (JS) (AKT) Plaintiff, -againstMICROSOFT CORPORATION, Defendant. ---------------------------------------X SECURE WEB CONFERENCE CORPORATION, 13-CV-3809 (JS) (WDW) Plaintiffs, -againstLOG I TECH, INC., Defendant. ---------------------------------------X APPEARANCES For Plaintiff: Gregory 0. Koerner, Esq. Koerner Law Firm 111 John Street, Suite 230 New York, NY 10038 Jonathan T. Suder, Esq. Decker Cammack, Esq. Friedman, Suder & Cooke 604 E. 4th Street, Suite 200 Fort Worth, TX 76102 For Defendants Microsoft: Logitech: William F. Cavanaugh, Esq. Chad Johnson Peterman, Esq. Patterson Belknap Webb & Tyler LLP 1133 Avenue of the Americas New York, NY 10036 No appearances. SEYBERT, District Judge: Presently pending before the Court is Plaintiff Secure Web Conference Corporation's ("Plaintiff") motion filed in Secure Web Conference Corporation v. Logitech, No. 13-CV-1309 to consolidate the above-captioned cases. The Court has reviewed the complaints dockets same in both actions, patents-in-suit and and the general set of facts. Thus, is the warranted judicial Court to resources. GRANTS Conference consolidated. See v. claims duplicative R. Crv. request All v. Logitech, future filings and P. and Microsoft Corp., Corp. arise involve out of the the same the Court finds that consolidation FED. Plaintiff's Conference Corp. Web avoid both 42(a). ORDERS No. As that 13-CV-2642, Inc., are unnecessary to No. be use of such, the Secure Web and Secure 13-CV-3809, docketed in be the earlier-filed case, case number 13-CV-2642. Further, the Court ORDERS that the Scheduling Orders issued by Magistrate Judge A. Kathleen Tomlinson in case number 13-CV-2642 shall govern the consolidated action. The Clerk of the Court is directed to consolidate these matters and to mark case number 13-CV-3809 closed. SO ORDERED. /s/ JOANNA SEYBERT Joanna Seybert, U.S.D.J. Dated: October 22 , 2013 Central Islip, NY 2

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