Free Remark - District Court of Delaware - Delaware

Case 1:05-cv-00773-JJF Document 39-13 Case 3:05-cv-02669-MHP Document 29

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BINGHAM McCUTCHEN LLP DAVID M. BALABANIAN (SBN 37368) CHRISTOPHER B. HOCKETT (SBN 121539) JOY K. FUYUNO (SBN 193890) Three Embarcadero Center San Francisco, California 94111-4067 Telephone: (415) 393-2000 Attorneys for Defendant Intel Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

DAVID E. LIPTON and DANA F. THIBEDEAU, individually and on behalf of all others similarly situated, Plaintiffs, v. INTEL CORPORATION, a Delaware Corporation, Defendant.

No. 05-2669 MOTION FOR ADMINISTRATIVE RELIEF TO CONSIDER WHETHER CASES SHOULD BE RELATED

14 15 16 17 18 19 20 21 22 23 24 25 26 Pursuant to Civil L.R. 3-12(b), Defendant Intel Corporation ("Intel") hereby notifies the Court and all counsel of its belief that the following are "related cases" to the abovecaptioned case within the meaning of Civil L.R. 3-12(a): (1) Jose Juan et al v. Intel Corp., No. C-05-3271 (N.D. Cal., filed August 10, 2005) ("Juan"); (2) Dressed To Kill Custom Draperies, LLC et al. v. Intel Corp., No. C-05-3272 (N.D. Cal., filed August 10, 2005) ("Dressed To Kill"); (3) Tracy Kinder et al. v. Intel Corp., No. C-05-3273 (N.D. Cal., filed August 10, 2005)("Kinder"); and (4) Edward Rush, et al v. Intel Corp., No. C-05-3277 (N.D. Cal., filed August 11, 2005)("Rush"). This administrative motion is made on the grounds that the plaintiffs in Juan,
Case No. 05-2669

RELATED CASES MOTION
SF/21635614.1

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Dressed To Kill, Kinder, and Rush filed substantially similar class action complaints against the same defendant (Intel) and allege essentially the same antitrust conduct. Twenty-one class action complaints alleging similar conduct against Intel have already been found by this Court to be related to the above-captioned case. See Related Cases Orders, signed July 27, 2005, and August 12, 2005. Relating these cases pursuant to Civil L.R. 3-12 will advance the convenience of the parties, witnesses and counsel, will avoid the risk of duplicative or inconsistent rulings, orders, and judgments and will serve the interests of justice. Accordingly, Intel respectfully submits that the assignment of these actions to a single judge will conserve judicial resources and promote an efficient determination of the actions. A proposed order accompanies this motion. DATED: September 22, 2005 BINGHAM McCUTCHEN LLP

By:

/s/ Joy K. Fuyuno Joy K. Fuyuno Attorneys for Defendant Intel Corporation

DATED: September 26, 2005 DRUMMOND & ASSOCIATES

By:

/s/ Donald F. Drummond Donald F. Drummond Attorneys for Plaintiffs Jose Juan; Dressed To Kill Custom Draperies LLC; Tracy Kinder; and Edward Rush

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RELATED CASES MOTION
SF/21635614.1

Case No. 05-2669

Case 1:05-cv-00773-JJF Document 39-13 Case 3:05-cv-02669-MHP Document 29

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1 2 3 4 5 6 7 8 9 C-05-3271 EMC 10 11 C-05-3272 JL 12 13 C-05-3273 EMC 14 15 C-05-3277 EDL 16 17 18 19 20 21 22 23 24 25 26

[PROPOSED] RELATED CASE ORDER A Motion for Administrative Relief to Consider Whether Cases Should be Related (Civil L.R. 3-12) has been filed. As the judge assigned to the above-captioned case, I find that the more recently filed case(s) that I have initialed below are related to the case assigned to me, and such case(s) shall be reassigned to me. Any cases listed below that are not related to the case assigned to me are referred to the judge assigned to the next-earliest filed case for a related case determination.

Jose Juan, et al. v. Intel Corporation
I find that the above case is related to the case assigned to me.__________

Dressed to Kill Custom Draperies, LLC, et al. v. Intel Corporation
I find that the above case is related to the case assigned to me.__________

Tracy Kinder, et al. v. Intel Corporation
I find that the above case is related to the case assigned to me.__________

Edward Rush, et al. v. Intel Corporation
I find that the above case is related to the case assigned to me.__________

[PROPOSED] ORDER Counsel are instructed that all future filings in any reassigned case are to bear the initials of the newly assigned judge immediately after the case number. Any case management conference in any reassigned case will be rescheduled by the Court. The parties shall adjust the dates for the conference, disclosures and report required by FRCivP 16 and 26 accordingly. Unless otherwise ordered, any dates for hearing noticed motions are vacated and must be renoticed by the moving party before the newly assigned judge; any deadlines set by the ADR 3
RELATED CASES MOTION
SF/21635614.1

Case No. 05-2669

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Local Rules remain in effect; and any deadlines established in a case management order continue to govern, except dates for appearance in court, which will be rescheduled by the newly assigned judge. DATED: ______________, 2005 ______________________________ Honorable Marilyn H. Patel

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RELATED CASES MOTION
SF/21635614.1

Case No. 05-2669