`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`
`
`
`
`
`
`
`
`Case No. 14-cv-03264-JD
`14-cv-03300-JD
`
`
`
`ORDER RE CONSOLIDATION AND
`RESPONSES TO COMPLAINT
`
`
`CHIP-TECH, LTD.,
`
`Plaintiff,
`
`v.
`
`PANASONIC CORPORATION, et al.,
`
`Defendants.
`
`
`
`
`
`
`DEPENDABLE COMPONENT SUPPLY
`CORP.,
`
`
`Plaintiff,
`
`
`v.
`
`PANASONIC CORPORATION, et al.,
`
`Defendants.
`
`
`
`
`Pursuant to FRCP 42(a), the Court orders the above two cases consolidated for all pretrial
`
`proceedings. The earlier-filed civil action, Case No. 14-3264, shall serve as the lead case for
`
`consolidation purposes. The later-filed civil action, Case No. 14-3300, will remain active for trial.
`
`All motions shall be filed in the lead case unless the Court orders otherwise.
`
`The Court is aware that there is a motion to transfer pending with the Judicial Panel on
`
`Multidistrict Litigation that concerns these cases, and that plaintiffs may seek at a later point to file
`
`a consolidated amended complaint.
`
`Consequently, the Court orders that no defendant need file a response to the current or
`
`consolidated amended complaint, if one is filed, until the later of 45 days after (a) the filing of the
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Northern District of California
`
`United States District Court
`
`
`
`Case3:14-cv-03300-JD Document44 Filed08/14/14 Page2 of 2
`
`
`
`consolidated amended complaint, or (b) that defendant’s receipt of written notice from the relevant
`
`plaintiff that it does not intend to file a consolidated amended complaint.
`
`Plaintiffs Chip-Tech and Dependable Component Supply are ordered to jointly file with
`
`this Court status reports on the pending JPML motion every 30 days.
`
`Defendants are not deemed to have waived any defenses available to them under the
`
`Federal Rules of Civil Procedure or any other statute or common law, or to have waived any right
`
`the defendants may have to seek or oppose any reassignment, transfer or consolidation
`
`alternatives. Defendants are also not deemed to have made an appearance in these actions by way
`
`of any stipulations they may have filed to extend their response deadlines.
`
`This order resolves all pending stipulations seeking to extend defendants’ response
`
`deadlines. This order applies to all defendants in these cases, including those who may be served
`
`with a complaint after the date of this order, and all parties are directed not to file any new
`
`stipulations for the extension of response deadlines.
`
`IT IS SO ORDERED.
`
`Dated: August 14, 2014
`
`
`
`______________________________________
`JAMES DONATO
`United States District Judge
`
`
`
`2
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Northern District of California
`
`United States District Court