`Case 1:O4—cv—O1436—LPS Document 157 Filed 10/16/08 Page 1 of 2 Page|D #: 2131
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`ST. CLAIR INTELLECTUAL
`
`PROPERTY CONSULTANTS,
`
`INC.,
`
`Plaintiff,
`
`v.
`
`: Civil Action No. O4—l436—JJF-LPS
`
`SAMSUNG ELECTRONICS CO., LTD.,:
`et al.,
`
`Defendants.
`
`MEMORANDUM ORDER
`
`Pending before the Court is a Motion To Lift The Stay (D.I.
`
`134) filed by Plaintiff.
`
`The Motion is opposed by the Non—Kodak
`
`Defendants.
`
`The decision to impose or lift a stay is within the
`
`discretion of the Court. Cost Bros.,
`
`Inc. v. Travelers Indem.
`
`Co.
`
`760 F.2d 58
`
`60
`
`3d Cir. 1985 . Factors the Court may
`
`consider include, but are not limited to:
`
`(1)
`
`the stage of the
`
`litigation,
`
`(2) prejudice to the parties, and (3) whether a stay
`
`will simplify the issues in the case and the trial of the case.
`
`
`See e.g., Zoetics
`Inc. v. Yahoo!
`Inc., 2006 WL 1876912, *1 (D.
`
`Del. July 6, 2006)
`
`(citations omitted).
`
`In a related action, St. Clair Intellectual Property
`
`Consultants,
`
`Inc. v. Research In Motion, Ltd., et al., 08-371-
`
`JJF,
`
`the Court considered these factors in the context of
`
`determining whether to impose a stay and determined, at a hearing
`
`held on October 9, 2008,
`
`that a stay was not warranted and the
`
`
`
`Case 1:04-cv-01436-LPS Document 157 Filed 10/16/08 Page 2 of 2 PageID #: 2132
`Case 1:O4—cv—O1436—LPS Document 157 Filed 10/16/08 Page 2 of 2 Page|D #: 2132
`
`action should go forward.
`
`The Court's conclusion applies equally
`
`to this case, such that the Court is persuaded that the stay
`
`should be lifted.
`
`The underlying action which precipitated the
`
`stay has been resolved, and a stay has not been imposed or has
`
`been lifted in related actions so that these cases can proceed.
`
`Id., see also St. Clair Intellectual Property Consultants,
`
`Inc.
`
`v. Fuji Photo Film Co. Ltd., et al., O3—24l—JJF.
`
`The potential
`
`prejudice to the parties of continuing the stay is equally
`
`balanced, and the Court is persuaded that the continuation of
`
`these actions at this time is necessary for the effective
`
`administration of this case and its related counterparts.
`
`NOW THEREFORE,
`
`IT IS HEREBY ORDERED that:
`
`l.
`
`Plaintiff's Motion To Lift The Stay (D.I. 134)
`
`is
`
`GRANTED.
`
`2.
`
`This action is referred to the Honorable Leonard P.
`
`Stark for discovery and other pretrial matters that may arise.
`
`The Court will adjudicate any summary judgment motions filed by
`
`the parties and will hold the Pretrial Conference in this action.
`
`3. Matters relating to the referred issues shall be filed
`
`using the caption designated on this Order. Matters that do not
`
`require the attention of the Magistrate Judge should not use the
`
`“LPS” designation as part of the case number.
`
`October [3, 2008
`
`DATE
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
