`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C. A. No. 11-797 (RGA)
`
`JURY TRIAL DEMANDED
`
`:::::::::::
`
`FASTVDO LLC,
`
`Plaintiff,
`
`v.
`
`APPLE INC., et al.,
`
`Defendants.
`
`EASTMAN KODAK COMPANY’S MOTION TO DISMISS
`OR, IN THE ALTERNATIVE, TO SEVER AND TRANSFER
`
`Defendant Eastman Kodak Company (“Kodak”) hereby moves to dismiss the claims
`
`against it for misjoinder under Fed. R. Civ. P. 20 and 21, or in the alternative, to sever those
`
`claims. In the event severance is granted, Kodak respectfully moves to transfer those claims to
`
`the Western District of New York, pursuant to 28 U.S.C. §§ 1404(a) and 1406(a). The bases for
`
`this motion are set forth in the Brief filed herewith.
`
`This Motion is made following the meet and confer conference of counsel pursuant to
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`Local Rule 7.1.1, which occurred on December 19, 2011, but the parties were unable to resolve
`
`any substantive issues.
`
`Dated: December 19, 2011
`
`WEST\226663539.1
`
`DLA PIPER LLP (US)
` /s/ Denise S. Kraft
`Denise S. Kraft (I.D. No. 2778)
`Aleine Porterfield (I.D. No. 5053)
`919 N. Market Street, Suite 1500
`Wilmington, DE 19801
`Phone: 302-468-5700
`Fax:
`302-394-2341
`denise.kraft@dlapiper.com
`aleine.porterfield@dlapiper.com
`Attorneys for Defendant
`Eastman Kodak Company
`
`
`
`Case 1:11-cv-00797-RGA Document 91 Filed 12/19/11 Page 2 of 2 PageID #: 489
`
`OF COUNSEL:
`
`Sean C. Cunningham (admitted pro hac)
`John D. Kinton (admitted pro hac)
`David R. Knudson (admitted pro hac)
`DLA PIPER LLP (US)
`401 B Street, Suite 1700
`San Diego, CA 92101-4297
`Phone: (619) 699-2900
`
`WEST\226663539.1
`
`2
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