Free Remark - District Court of Delaware - Delaware

Case 1:06-cv-00041-JJF

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U.S. District Court WESTERN DISTRICT OF WASHINGTON (Seattle) CIVIL DOCKET FOR CASE #: 2:05-cv-01137-RSM Internal Use Only

Amazon.com Inc et al v. Cendant Corporation et al Assigned to: Hon. Ricardo S Martinez Cause: 35:271 Patent Infringement Plaintiff Amazon.com Inc

Date Filed: 06/22/2005 Jury Demand: Plaintiff Nature of Suit: 830 Patent Jurisdiction: Federal Question

represented by C J Alice Chen FENWICK & WEST (MT VIEW) 801 CALIFORNIA ST MOUNTAIN VIEW, CA 94041 650-988-8500 Fax: 650-938-5200 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Darren E Donnelly FENWICK & WEST (MT VIEW) 801 CALIFORNIA ST MOUNTAIN VIEW, CA 94041 650-988-8500 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED David Thomas McDonald PRESTON GATES & ELLIS (SEA) 925 FOURTH AVE STE 2900 SEATTLE, WA 98104-1158 206-623-7580 Fax: FAX 224-7095 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Hector Ribera FENWICK & WEST (MT VIEW) 801 CALIFORNIA ST MOUNTAIN VIEW, CA 94041 650-988-8500

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Fax: 650-938-5200 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED J David Hadden FENWICK & WEST (MT VIEW) 801 CALIFORNIA ST MOUNTAIN VIEW, CA 94041 650-988-8500 Fax: 650-494-0600 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Lynn H Pasahow FENWICK & WEST (MT VIEW) 801 CALIFORNIA ST MOUNTAIN VIEW, CA 94041 650-988-8500 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Wendy L Bjerkness FENWICK & WEST (MT VIEW) 801 CALIFORNIA ST MOUNTAIN VIEW, CA 94041 650-988-8500 Fax: 650-938-5200 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Plaintiff A9.com Inc represented by C J Alice Chen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Darren E Donnelly (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David Thomas McDonald (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Hector Ribera (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED J David Hadden (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Lynn H Pasahow (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Wendy L Bjerkness (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED V. Defendant Cendant Corporation represented by Douglas E Olson PAUL HASTINGS JANOFSKY & WALKER (SD) 3579 VALLEY CENTRE DRIVE SAN DIEGO, CA 92130 858-720-2500 Fax: 858-720-2555 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED James V Fazio, III PAUL HASTINGS JANOFSKY & WALKER (SD) 3579 VALLEY CENTRE DRIVE SAN DIEGO, CA 92130 858-720-2500 Fax: 858-720-2555 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Kent Michael Fandel GRAHAM & DUNN 2801 ALASKAN WAY STE 300 PIER 70 SEATTLE, WA 98121-1128

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206-624-8300 Fax: FAX 340-9599 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen S Korniczky PAUL HASTINGS JANOFSKY & WALKER (SD) 3579 VALLEY CENTRE DRIVE SAN DIEGO, CA 92130 858-720-2500 LEAD ATTORNEY ATTORNEY TO BE NOTICED Cristofer Ivan Leffler GRAHAM & DUNN (SEA) 2801 ALASKAN WAY STE 300 PIER 70 SEATTLE, WA 98121-1128 206-340-9386 Email: [email protected] ATTORNEY TO BE NOTICED David Mark Byers GRAHAM & DUNN 2801 ALASKAN WAY STE 300 PIER 70 SEATTLE, WA 98121-1128 206-624-8300 Fax: 206-340-9599 Email: [email protected] ATTORNEY TO BE NOTICED Defendant Trilegiant Corporation represented by Douglas E Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James V Fazio, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Kent Michael Fandel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Stephen S Korniczky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Cristofer Ivan Leffler (See above for address) ATTORNEY TO BE NOTICED David Mark Byers (See above for address) ATTORNEY TO BE NOTICED Defendant Orbitz LLC represented by Douglas E Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James V Fazio, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Kent Michael Fandel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen S Korniczky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Cristofer Ivan Leffler (See above for address) ATTORNEY TO BE NOTICED David Mark Byers (See above for address) ATTORNEY TO BE NOTICED Defendant Orbitz Inc represented by Douglas E Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James V Fazio, III (See above for address)

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LEAD ATTORNEY ATTORNEY TO BE NOTICED Kent Michael Fandel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen S Korniczky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Cristofer Ivan Leffler (See above for address) ATTORNEY TO BE NOTICED David Mark Byers (See above for address) ATTORNEY TO BE NOTICED Defendant Budget Rent A Car System Inc represented by Douglas E Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James V Fazio, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Kent Michael Fandel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen S Korniczky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Cristofer Ivan Leffler (See above for address) ATTORNEY TO BE NOTICED David Mark Byers (See above for address) ATTORNEY TO BE NOTICED

Case 1:06-cv-00041-JJF Defendant Avis Rent A Car System Inc

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represented by Douglas E Olson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James V Fazio, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Kent Michael Fandel (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen S Korniczky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Cristofer Ivan Leffler (See above for address) ATTORNEY TO BE NOTICED David Mark Byers (See above for address) ATTORNEY TO BE NOTICED

Date Filed 06/22/2005

#

Docket Text 1 COMPLAINT FOR PATENT INFRINGEMENT AND DEMAND FOR JURY TRIAL against defendant(s) Budget Rent A Car System Inc, Avis Rent A Car System Inc, Cendant Corporation, Trilegiant Corporation, Orbitz LLC, Orbitz Inc (Summons(es) issued) (Receipt # 411866) , filed by Amazon.com Inc, A9.com Inc. (Attachments: # 1 Exhibit 1 Patent No. 5,715,399# 2 Exhibit 2 Patent No. 6,029,141# 3 Exhibit 3 Patent No. 6,629,079# 4 Exhibit 4 Patent No. 6,625,609# 5 Civil Cover Sheet)(PM, ) (Entered: 06/24/2005) NON-PUBLIC ***Staff notes Preassignment of Judge Theiler in the event of consent. (PM, ) (Entered: 06/28/2005) 2 SERVICE OF SUMMONS and Complaint returned executed upon defendant Trilegiant Corporation on 6/23/2005; Orbitz LLC on 6/23/2005; Orbitz Inc on 6/23/2005 (RS, ) (Entered: 06/29/2005) 3 SERVICE OF SUMMONS and Complaint returned executed upon defendant Avis Rent A Car System Inc on 6/23/2005 (Attachments: # 1 return of service of summons executed upon Budget Rent a Car System on 6/23/05)(RS, ) (Entered:

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Case 1:06-cv-00041-JJF 07/01/2005) 06/30/2005 07/06/2005

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4 SERVICE OF SUMMONS and Complaint returned executed upon defendant Cendant Corporation on 6/23/2005 (RS, ) (Entered: 07/01/2005) 5 NOTICE of Appearance by attorney Kent Michael Fandel on behalf of Defendants Budget Rent A Car System Inc, Avis Rent A Car System Inc, Cendant Corporation, Trilegiant Corporation, Orbitz LLC, Orbitz Inc (Fandel, Kent) (Entered: 07/06/2005) ***Attorney David Mark Byers for Cendant Corporation; Trilegiant Corporation; Orbitz LLC; Orbitz Inc; Budget Rent A Car System Inc and Avis Rent A Car System Inc, Cristofer Ivan Leffler for Cendant Corporation; Trilegiant Corporation; Orbitz LLC; Orbitz Inc; Budget Rent A Car System Inc and Avis Rent A Car System Inc added. (VB, ) (Entered: 07/08/2005) 6 REPORT on the filing or determination of an action. E-mailed to the US Patent Office. (MKB) (Entered: 07/11/2005) 7 REPORT on the filing or determination of an action. E-mailed to the US Patent Office. (MKB) (Entered: 07/11/2005) 8 APPLICATION by Defendants Budget Rent A Car System Inc, Avis Rent A Car System Inc, Cendant Corporation, Trilegiant Corporation, Orbitz LLC, Orbitz Inc AND ORDER admitting Stephen S Korniczky for Cendant Corporation; Trilegiant Corporation; Orbitz LLC; Orbitz Inc; Budget Rent A Car System Inc and Avis Rent A Car System Inc pro hac vice. Receipt # 319950. (RS, ) (Entered: 07/20/2005) 9 APPLICATION by Defendants Budget Rent A Car System Inc, Avis Rent A Car System Inc, Cendant Corporation, Trilegiant Corporation, Orbitz LLC, Orbitz Inc AND ORDER admitting James V Fazio, III for Cendant Corporation; Trilegiant Corporation; Orbitz LLC; Orbitz Inc; Budget Rent A Car System Inc and Avis Rent A Car System Inc pro hac vice. Receipt # 319951. (RS, ) (Entered: 07/20/2005) 10 APPLICATION by Defendants Budget Rent A Car System Inc, Avis Rent A Car System Inc, Cendant Corporation, Trilegiant Corporation, Orbitz LLC, Orbitz Inc AND ORDER admitting Douglas E Olson for Cendant Corporation; Trilegiant Corporation; Orbitz LLC; Orbitz Inc; Budget Rent A Car System Inc and Avis Rent A Car System Inc pro hac vice. Receipt # 319952. (RS, ) (Entered: 07/20/2005) 11 APPLICATION by Plaintiffs Amazon.com Inc, A9.com Inc AND ORDER admitting J David Hadden for Amazon.com Inc and A9.com Inc pro hac vice. Receipt # 852772. (RS, ) (Entered: 07/20/2005) 12 APPLICATION by Plaintiffs Amazon.com Inc, A9.com Inc AND ORDER admitting Darren E Donnelly for Amazon.com Inc and A9.com Inc pro hac vice. Receipt # 852772. (RS, ) (Entered: 07/20/2005) 13 APPLICATION by Plaintiffs Amazon.com Inc, A9.com Inc AND ORDER admitting Lynn H Pasahow for Amazon.com Inc and A9.com Inc pro hac vice. Receipt # 852772. (RS, ) (Entered: 07/20/2005)

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14 APPLICATION by Plaintiffs Amazon.com Inc, A9.com Inc AND ORDER admitting Wendy L Bjerkness for Amazon.com Inc and A9.com Inc pro hac vice. Receipt # 852772. (RS, ) (Entered: 07/20/2005) 15 APPLICATION by Plaintiffs Amazon.com Inc, A9.com Inc AND ORDER admitting C J Alice Chen for Amazon.com Inc and A9.com Inc pro hac vice. Receipt # 852772. (RS, ) (Entered: 07/20/2005) 16 APPLICATION by Plaintiffs Amazon.com Inc, A9.com Inc AND ORDER admitting Hector Ribera for Amazon.com Inc and A9.com Inc pro hac vice. Receipt # 852772. (RS, ) (Entered: 07/20/2005) 17 MOTION to Transfer Case Venue Pursuant to 28 U.S.C. 1404(a) or, in the alternative, to dismiss, stay or transfer this action pursuant to the first to file rule by Defendants Budget Rent A Car System Inc, Avis Rent A Car System Inc, Cendant Corporation, Trilegiant Corporation, Orbitz LLC, Orbitz Inc. Noting Date 9/9/2005.Oral Argument Requested. (Attachments: # 1 Proposed Order)(Fandel, Kent) (Entered: 08/12/2005) 18 MOTION to Dismiss All Claims Against Cendant Corporation; 2) Motion to Dismiss the Complaint for Failure to State a claim Pursuant to Fed.R.Civ.P.12(b)(6) or, in the alternative, for more definite statement pursuant to Fed.R.Civ.P.12(E); and (3) Motion to Stay Discovery Pending Resolution of the Motions by Defendants Budget Rent A Car System Inc, Avis Rent A Car System Inc, Cendant Corporation, Trilegiant Corporation, Orbitz LLC, Orbitz Inc. Noting Date 9/9/2005.Oral Argument Requested. (Attachments: # 1 Supplement Motion to Dismiss Part Two# 2 Proposed Order)(Fandel, Kent) (Entered: 08/12/2005) 19 MEMORANDUM filed by Defendants Budget Rent A Car System Inc, Avis Rent A Car System Inc, Cendant Corporation, Trilegiant Corporation, Orbitz LLC, Orbitz Inc re 18 MOTION to Dismiss All Claims Against Cendant Corporation; 2) Motion to Dismiss the Complaint for Failure to State a claim Pursuant to Fed.R.Civ.P.12(b)(6) or, in the alternative, for more definite statement pursuant to Fed.R.Civ.P.12(E); and (3) Mo Request for Judicial Notice in Support of their Motion to Dismiss or, in the alternative, for more definite statement, motion to stay all Discovery Pending Resolution of the Motions, and Motion to Transfer Venue (Fandel, Kent) (Entered: 08/12/2005) 20 DECLARATION of Eric J. Bock filed by Defendants Budget Rent A Car System Inc, Avis Rent A Car System Inc, Cendant Corporation, Trilegiant Corporation, Orbitz LLC, Orbitz Inc re 17 MOTION to Transfer Case Venue Pursuant to 28 U.S.C. 1404(a) or, in the alternative, to dismiss, stay or transfer this action pursuant to the first to file rule, 18 MOTION to Dismiss All Claims Against Cendant Corporation; 2) Motion to Dismiss the Complaint for Failure to State a claim Pursuant to Fed.R.Civ.P.12(b)(6) or, in the alternative, for more definite statement pursuant to Fed.R.Civ.P.12(E); and (3) Mo (Fandel, Kent) (Entered: 08/12/2005) 21 DECLARATION of James V. Fazio, III filed by Defendants Budget Rent A Car System Inc, Avis Rent A Car System Inc, Cendant Corporation, Trilegiant Corporation, Orbitz LLC, Orbitz Inc re 17 MOTION to Transfer Case Venue Pursuant to 28 U.S.C. 1404(a) or, in the alternative, to dismiss, stay or transfer

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this action pursuant to the first to file rule, 18 MOTION to Dismiss All Claims Against Cendant Corporation; 2) Motion to Dismiss the Complaint for Failure to State a claim Pursuant to Fed.R.Civ.P.12(b)(6) or, in the alternative, for more definite statement pursuant to Fed.R.Civ.P.12(E); and (3) Mo (Attachments: # 1 Exhibit A, part one, pgs. 7-18# 2 Exhibit A, part 2, pgs. 19-26# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D, part one, pgs. 29-36# 6 Exhibit D, part two, pgs. 37-43# 7 Exhibit E, part one, pgs. 44-55# 8 Exhibit E, part two, pgs. 56-67# 9 Exhibit E, part three, pgs. 68-79# 10 Exhibit E, part four, pgs. 80-87# 11 Exhibit F# 12 Exhibit G# 13 Exhibit H# 14 Exhibit I# 15 Exhibit J# 16 Exhibit K# 17 Exhibit L# 18 Exhibit M# 19 Exhibit N# 20 Exhibit O# 21 Exhibit P# 22 Exhibit Q# 23 Exhibit R# 24 Exhibit S# 25 Exhibit T# 26 Exhibit U# 27 Exhibit V# 28 Exhibit W# 29 Exhibit X# 30 Exhibit Y# 31 Exhibit Z# 32 Exhibit AA# 33 Exhibit BB# 34 Exhibit CC# 35 Exhibit DD# 36 Exhibit EE# 37 Exhibit FF# 38 Exhibit GG# 39 Exhibit H, part one, pgs. 204-214# 40 Exhibit H, part two, pgs. 215-224# 41 Exhibit II# 42 Exhibit JJ# 43 Exhibit KK# 44 Exhibit LL# 45 Exhibit MM)(Fandel, Kent) (Entered: 08/12/2005) 08/31/2005 22 NOTICE by Defendants Budget Rent A Car System Inc, Avis Rent A Car System Inc, Cendant Corporation, Trilegiant Corporation, Orbitz LLC, Orbitz Inc that the following is RE-NOTED: 17 MOTION to Transfer Case Venue Pursuant to 28 U.S.C. 1404(a) or, in the alternative, to dismiss, stay or transfer this action pursuant to the first to file rule Noting Date 9/16/2005. (Fandel, Kent) (Entered: 08/31/2005) 23 NOTICE by Defendants Budget Rent A Car System Inc, Avis Rent A Car System Inc, Cendant Corporation, Trilegiant Corporation, Orbitz LLC, Orbitz Inc that the following is RE-NOTED: 18 MOTION to Dismiss All Claims Against Cendant Corporation; 2) Motion to Dismiss the Complaint for Failure to State a claim Pursuant to Fed.R.Civ.P.12(b)(6) or, in the alternative, for more definite statement pursuant to Fed.R.Civ.P.12(E); and (3) Mo Noting Date 9/16/2005. (Fandel, Kent) (Entered: 08/31/2005) 24 RESPONSE, by Plaintiffs Amazon.com Inc, A9.com Inc, to 18 MOTION to Dismiss All Claims Against Cendant Corporation; 2) Motion to Dismiss the Complaint for Failure to State a claim Pursuant to Fed.R.Civ.P.12(b)(6) or, in the alternative, for more definite statement pursuant to Fed.R.Civ.P.12(E); and (3) Mo. (McDonald, David) (Entered: 09/12/2005) 25 DECLARATION of C. J. Alice Chen filed by Plaintiffs Amazon.com Inc, A9.com Inc re 18 MOTION to Dismiss All Claims Against Cendant Corporation; 2) Motion to Dismiss the Complaint for Failure to State a claim Pursuant to Fed.R.Civ.P.12(b)(6) or, in the alternative, for more definite statement pursuant to Fed.R.Civ.P.12(E); and (3) Mo (Attachments: # 1 Exhibit A1# 2 Exhibit A2# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G)(McDonald, David) (Entered: 09/12/2005) 26 RESPONSE, by Plaintiffs Amazon.com Inc, A9.com Inc, to 17 MOTION to Transfer Case Venue Pursuant to 28 U.S.C. 1404(a) or, in the alternative, to dismiss, stay or transfer this action pursuant to the first to file rule. (McDonald, David) (Entered: 09/12/2005) 27 DECLARATION of Wendy Bjerknes filed by Plaintiffs Amazon.com Inc, A9.com Inc re 17 MOTION to Transfer Case Venue Pursuant to 28 U.S.C.

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1404(a) or, in the alternative, to dismiss, stay or transfer this action pursuant to the first to file rule (McDonald, David) (Entered: 09/12/2005) 09/12/2005 28 DECLARATION of Kathryn Sheehan filed by Plaintiffs Amazon.com Inc, A9.com Inc re 17 MOTION to Transfer Case Venue Pursuant to 28 U.S.C. 1404(a) or, in the alternative, to dismiss, stay or transfer this action pursuant to the first to file rule (McDonald, David) (Entered: 09/12/2005) 29 CERTIFICATE OF SERVICE by Plaintiffs Amazon.com Inc, A9.com Inc re 28 Declaration,, 24 Response to Motion,, 25 Declaration,, 26 Response to Motion, 27 Declaration,. (McDonald, David) (Entered: 09/12/2005) 30 REPLY, filed by Defendants Budget Rent A Car System Inc, Avis Rent A Car System Inc, Cendant Corporation, Trilegiant Corporation, Orbitz LLC, Orbitz Inc, TO RESPONSE to 17 MOTION to Transfer Case Venue Pursuant to 28 U.S.C. 1404(a) or, in the alternative, to dismiss, stay or transfer this action pursuant to the first to file rule (Fandel, Kent) (Entered: 09/16/2005) 31 REPLY, filed by Defendants Budget Rent A Car System Inc, Avis Rent A Car System Inc, Cendant Corporation, Trilegiant Corporation, Orbitz LLC, Orbitz Inc, TO RESPONSE to 18 MOTION to Dismiss All Claims Against Cendant Corporation; 2) Motion to Dismiss the Complaint for Failure to State a claim Pursuant to Fed.R.Civ.P.12(b)(6) or, in the alternative, for more definite statement pursuant to Fed.R.Civ.P.12(E); and (3) Mo (Fandel, Kent) (Entered: 09/16/2005) 32 DECLARATION of James V. Fazio filed by Defendants Budget Rent A Car System Inc, Avis Rent A Car System Inc, Cendant Corporation, Trilegiant Corporation, Orbitz LLC, Orbitz Inc re 17 MOTION to Transfer Case Venue Pursuant to 28 U.S.C. 1404(a) or, in the alternative, to dismiss, stay or transfer this action pursuant to the first to file rule, 18 MOTION to Dismiss All Claims Against Cendant Corporation; 2) Motion to Dismiss the Complaint for Failure to State a claim Pursuant to Fed.R.Civ.P.12(b)(6) or, in the alternative, for more definite statement pursuant to Fed.R.Civ.P.12(E); and (3) Mo (Attachments: # 1 Exhibit Ex A pgs. 4 - Ex. C pg. 15# 2 Exhibit C pgs. 16-21# 3 Exhibit C pgs. 22-27# 4 Exhibit C pg. 28 - Ex. D pg. 39# 5 Exhibit Ex D pg. 40- Ex F pg 51# 6 Exhibit F pg. 52- H pg. 63# 7 Exhibit H pg. 64 - K pg. 75# 8 Exhibit K pg. 76-80)(Fandel, Kent) (Entered: 09/16/2005) Set Oral Argument on 17 MOTION to Transfer Case Venue Pursuant to 28 U.S.C. 1404(a) or, in the alternative, to dismiss, stay or transfer this action pursuant to the first to file rule, 18 MOTION to Dismiss All Claims Against Cendant Corporation; 2) Motion to Dismiss the Complaint for Failure to State a claim Pursuant to Fed.R.Civ.P.12(b)(6) or, in the alternative, for more definite statement pursuant to Fed.R.Civ.P.12(E); and (3) Mo: Motion Hearing set for 11/21/2005 at 1:30 PM before Hon. Ricardo S Martinez. (LW) (Entered: 10/21/2005) 33 REQUEST by Defendants Budget Rent A Car System Inc, Avis Rent A Car System Inc, Cendant Corporation, Trilegiant Corporation, Orbitz LLC, Orbitz Inc for Judicial Notice in Support of Defendants' Motion to Dismiss or, in the alternative, for more definite statement, motion to stay all discovery pending resolution of the motions, and motion to transfer venue re 18 MOTION to

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Dismiss All Claims Against Cendant Corporation; 2) Motion to Dismiss the Complaint for Failure to State a claim Pursuant to Fed.R.Civ.P.12(b)(6) or, in the alternative, for more definite statement pursuant to Fed.R.Civ.P.12(E); and (3) Mo, 17 MOTION to Transfer Case Venue Pursuant to 28 U.S.C. 1404(a) or, in the alternative, to dismiss, stay or transfer this action pursuant to the first to file rule. (Attachments: # 1 Exhibit A)(Fandel, Kent) (Entered: 11/15/2005) 11/21/2005 34 MINUTE ENTRY for proceedings held before Judge Ricardo S Martinez - Dep Clerk: Laurie Cuaresma; Pla Counsel: David McDonald, Lynn Pasahow, Dave Hadden; Def Counsel: Steven Korniczky, James Fazio, Douglas Olson, K. Michael Fandel; CR: Laurene Kelly; Time of Hearing: 1:30 PM; Courtroom: 13206;Motion Hearing held on 11/21/2005 re 18 MOTION to Dismiss 17 MOTION to Transfer Case Court hears argument of counsel. Court takes matter under advisement and will rule as soon as possible. (LC, ) (Entered: 11/21/2005) 35 Letter from David T. McDonald. (McDonald, David) (Entered: 11/22/2005) 36 ORDER granting dfts' 17 Motion to Transfer Case to District of Delaware;denying dfts' 18 Motion to Dismiss without prejudice to renewal in the Delaware court by Judge Ricardo S Martinez.(RS, ) (Entered: 12/13/2005)

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I hereby certify that the attached is a true and correct copy of the docket on file at the Western District of Washington

BRUCE RIFKIN, Clerk

By

S/Rhonda Stiles Deputy Clerk