Free Motion to Stay - District Court of Delaware - Delaware

Case 1:07-cv-00067-MPT

Document 7

Filed 02/26/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE TIME WARNER CABLE, INC. Plaintiff, vs. GPNE CORP. Defendant. § § § § § § § §

C. A. No. 1:07-cv-067 *** Jury Trial Demanded

GPNE CORPORATION'S MOTION TO DISMISS, STAY OR TRANSFER Defendant GPNE Corp. hereby submits this Motion to Dismiss, Stay or Transfer to the Eastern District of Texas, Marshall Division, showing this Honorable Court as follows: (1) A case involving infringement of the same U.S. patent and the same

services and products is already on file in the Eastern District of Texas. (2) The Complaint in the Eastern District of Texas has been amended

concurrently herewith to include Time Warner Cable, Inc. (3) To transfer this case to the Eastern District of Texas and consolidate it

with the case already on file would save judicial resources. (4) To transfer this case to the Eastern District of Texas and consolidate it

with the case already on file would eliminate the possibility of inconsistent or conflicting rulings. Wherefore, for reasons more fully set forth in Defendant's Brief in Support of this Motion, Defendant asks that its Motion for Dismiss, Stay or Transfer be granted.

Case 1:07-cv-00067-MPT

Document 7

Filed 02/26/2007

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/s/ Richard K. Herrmann Richard K. Herrmann #405 Morris James, LLP 500 Delaware Avenue, Suite 1500 Wilmington, DE 19801-1494 T: (302) 888-6800 [email protected] ATTORNEYS FOR GPNE CORP. OF COUNSEL: Edward W. Goldstein Corby R. Vowell Goldstein, Faucett & Prebeg, LLP 1177 West Loop South, Suite 400 Houston, Texas 77027 (713) 877-1515 ­ Telephone (713) 877-1737 Facsimile

Dated: February 26, 2007