United States Of America v. Apple Inc.

Filing 1

CASE TRANSFERRED IN from the United States District Court - Western District of Washington at Seattle; Case Number: 12-mc-186. Original file certified copy of transfer order and docket entries received.Document filed by Amazon.Com.(sjo) (Additional attachment(s) added on 10/19/2012: # 1 Exhibit, # 2 Exhibit) (sjo). (Additional attachment(s) added on 10/19/2012: # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit) (sjo).

Case 2:12-mc-00186-MJP Document 13 Filed 10/12/12 Page 1 of 2

2
3
4

5
6

7
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

8
9

10

IN RE ELECTRONIC BOOKS
ANTITRUST LITIGATION

11
12
13

CASE NO. 12-mc-186-MJP
TRANSFER ORDER

Action Pending in:
United States District Court, Southern
District ofNew York (11-md-02293DLC)

14
15

16
17
18
19
20
21

22
23

This matter comes before the Court on the motion to quash filed by nonparty
Amazon.com (Dkt. No.1) and the request by Defendant Apple to have Amazon.com's motion
transferred to Judge Denise Cote in the Southern District ofNew York (Dkt. No. 3). Having
reviewed the motion and the request, and having heard the oral argument of the parties by
teleconference on Oct. 3, 2012, the Court hereby TRANSFERS the pending motion to quash.
The MDL statute provides that the MDL judge may "exercise the powers of a district
judge in any district for the purpose of conducting pretrial depositions in such coordinated or
consolidated pretrial proceedings." 28 U.S.C. § 1407(b). In the present case, the Court finds that
judicial economy weighs strongly in favor of transferring the motion because Judge Cote, as the

24

TRANSFER ORDER- 1

Case 2:12-mc-00186-MJP Document 13 Filed 10/12/12 Page 2 of 2

MDL judge, is already familiar with the issues in this case. See In re Welding Rod Prods. Liab.
2

Litig., 406 F. Supp. 2d 1064, 1066-67 (N.D. Cal. 2005) (transfer of motion to quash appropriate

3 when MDL judge is "readily familiar with the underlying issues"). Additionally, the fact that
4 Judge Cote has expressed a willingness to address this dispute (Dkt. No.4 at 1), and that
5 Amazon.com cannot articulate a reason why it would be prejudiced by such a transfer also weigh
6
7
8
9

10

in favor of transferring this motion to Judge Cote.
Therefore, the motion to quash is hereby TRANSFERRED to Judge Denise Cote in the
Southern District ofNew York.
The clerk is ordered to provide copies of this order to all counsel.
Dated this 12th day ofOctober, 2012.

11

~~

12
13

Marsha J. Pechman
United States District Judge

14
15
16
17
18

19
20
21
22
23
24

TRANSFER ORDER- 2