DietGoal Innovations LLC v. Arby's Restaurant Group, Inc. et al

Filing 408

RESPONSE in Opposition re 373 MOTION to Sever and in Addition or in the Alternative to Dismiss for Improper Venue or Transfer to the Central District of California Plaintiff DietGoal Innovations LLC's Response in Opposition to Defendant El Pollo Loco, Inc.'s Motion to Sever and in Addition or in the Alternative to Dismiss for Improper Venue or Transfer to the Central District of California filed by DietGoal Innovations LLC. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J, # 11 Exhibit Exhibit K, # 12 Exhibit Exhibit L, # 13 Exhibit Exhibit M, # 14 Exhibit Exhibit N, # 15 Exhibit Exhibit O, # 16 Exhibit Exhibit P, # 17 Exhibit Exhibit Q, # 18 Exhibit Exhibit R, # 19 Exhibit Exhibit S, # 20 Exhibit Exhibit T, # 21 Exhibit Exhibit U, # 22 Text of Proposed Order)(Bukovcan, Niknaz)

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EXHIBIT C U.S. District Court ͲͲ Judicial Caseload Profile 12ͲMonth Periods Ending September 30 CALIFORNIA CENTRAL 2006 2007 2008 2009 2010 2011 Filings* 12,909 14,154 15,144 16,170 16,131 17,236 Terminations 13,680 13,642 14,742 15,973 16,076 17,168 Pending 12,401 11,817 12,221 12,303 12,389 12,496 Overall Caseload Statistics Numerical Standing Within U.S. 6.9 Percent Change in Total Filings Current Year Over Earlier Year Circuit 30 7 10 Over Last Year 4 33.5 21.8 13.8 6.6 28 28 28 28 28 28 53.9 31.2 12.0 32.6 32.8 21.0 Total 461 505 540 578 576 616 15 4 Civil 397 425 433 486 495 545 6 2 Criminal Felony 36 47 63 52 45 43 80 14 Supervised Release Hearings 28 33 44 40 36 28 40 12 Pending Cases 443 422 436 439 442 446 35 8 Weighted Filings** 518 551 578 622 602 655 9 3 Terminations 489 487 527 570 574 613 12 4 Trials Completed 12 12 11 12 13 13 76 12 Criminal Felony 12.4 12.1 7.5 9.0 11.4 10.9 65 13 Civil** 7.2 6.8 7.0 5.7 5.7 5.6 5 1 From Filing to Trial (Civil Only)** 21.3 21.3 22.0 19.0 19.7 19.7 17 3 1,240 712 821 774 822 667 11.6 7.2 8.1 7.6 7.9 6.3 58 6 1.6 1.3 1.5 1.7 1.5 1.6 Average Present for Jury Selection 64.1 60.6 60.9 77.3 56.4 51.0 Percent Not Selected or Challenged 55.7 56.5 53.7 63.9 56.0 50.8 Number of Judgeships Vacant Judgeship Months** Over Earlier Years Filings Actions per Judgeship Median Time (Months) From Filing to Disposition Number (and %) of Civil Cases Over 3 Years Old Average Number of Felony Defendants Filed per Case Other Jurors For National Profile and Nature of Suit and Nature of Offense Classifications Shown Below Open the FoldͲOut Page at the Back Cover 2011 Civil and Criminal Felony Case Filings by Nature of Suit and Offense Type of Total Civil 15,257 913 340 2,891 154 1,675 937 2,009 690 1,297 1,589 23 2,739 1,194 9 175 478 63 234 46 53 30 31 9 22 44 Criminal* A B C D E F G * Filings in the "Overall Caseload Statistics" section include criminal transfers, while filings by "Nature of Offense" do not. ** See "Explanation of Selected Terms." H I J K L

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