Valencell, Inc. v. Fitbit, Inc.

Filing 66

ORDER denying 32 Motion to Transfer Case; denying as moot 41 Motion to Strike. The court will hold an in-person case management conference on February 28, 2017, at 1:00 p.m. in Valencell, Inc. v. Apple Inc., No. 5:16-CV-1-D. On that date, the c ourt also will hold an in-person case management conference for this case at 2:00 p.m. in courtroom one of the Terry Sanford Federal Building and United States Courthouse, 310 New Bern Avenue, Raleigh, North Carolina. The parties are directed to confer and submit proposed revisions to the schedule no later than February 21, 2017. Signed by Chief Judge James C. Dever III on 2/6/2017. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:16-CV-2-D

VALENCELL, INC.,
Plaintiff,
v.
FITBIT, INC.,
Defendants.

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ORDER

On April 20, 2016, Valencell, Inc. ("Valencell"), proposed consolidating this case with
· Valencell. Inc. v. Apple Inc., No. 5:16-CV-1-D (E.D.N.C. filed Jan. 4, 2016). [D.E. 25] 1-2. On
May 17, 2016, Apple, Inc. ("Apple"), moved to transfer its case to the Northern District of
California. Mot. to Transfer, Valencell. Inc. v. Apple Inc., No. 5:16-CV-1-D (E.D.N.C. May 17,
2016) [D.E. 30].
On June 1, 2016, Fitbit, Inc. ("Fitbit"), moved to transfer this case to the Northern District
of California [D.E. 32] andfiledamemorandumin support [D.E. 33]. On June 24,2016, Valencell
responded in opposition [D.E. 39]. On July 11, 2016, Fitbit replied [D.E. 40]. On July 25, 2016,
Valencell moved to strike new arguments made in Fitbit's reply [D.E. 41] and filed a memorandum
in support [D.E. 42]. On August 18,2016, Fitbit responded to Valencell's motion to strike [D.E.
44].
Fitbit's motion to transfer was explicitly premised on the court granting Apple's motion to
transfer. See [D.E. 32, 33]. On Februaiy 6, 2017, the court denied Apple's motion to transfer.
Order, Valencell. Inc. v. Apple Inc., No. 5:16-CV-1-D (E.D.N.C. Feb. 6, 2016) [D.E. 127].

The court has considered the motion to transfer under the governing standard. See 28 U .S.C.

§ 1404(a); TrusteesofthePlumbersandPipefittersNat'lPensionFund v. PlumbingServs .. Inc., 791
F.3d436, 444 (4thCir. 2015). Fitbit'smotion to transfer [D.E. 32] is DENIED. Valencell'smotion
to strike [D.E. 41] is DENIED as moot.
The court will hold an in-person case management conference on February 28, 2017, at 1:00
p.m. in Valencell. Inc. v. Apple Inc., No. 5:16-CV-1-D. On that date, the court also will hold an
in-person case management conference for this case at 2:00 p.m. in courtroom one of the Terry
Sanford Federal Building and United States Courthouse, 310 New Bern Avenue, Raleigh, North
Carolina. The parties are directed to confer and submit proposed revisions to the schedule no later
than February 21, 2017.
SO ORDERED. This JL day ofFebruary 2017.

Chief United States District Judge

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