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Google LLC v. Eolas Technologies Incorporated, 3:15-cv-05446-JST. (2018)

Court: District Court, N.D. California Number: infdco20180810842 Visitors: 22
Filed: Aug. 09, 2018
Latest Update: Aug. 09, 2018
Summary: JOINT STIPULATION AND [PROPOSED] ORDER JON S. TIGAR , District Judge . Pursuant to the Court's order entered on August 2, 2018, Defendant Eolas Technologies Incorporated ("Eolas") 1 and Plaintiff Google LLC ("Google"), by and through their respective attorneys, hereby submit the following Joint Stipulation, as follows: WHEREAS, the Court ordered on July 25, 2018 that "It appears to the Court that this case, Google v. Eolas, 15-cv-5446-JST, is identical to Google v. Eolas, 17-cv-
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JOINT STIPULATION AND [PROPOSED] ORDER

Pursuant to the Court's order entered on August 2, 2018, Defendant Eolas Technologies Incorporated ("Eolas")1 and Plaintiff Google LLC ("Google"), by and through their respective attorneys, hereby submit the following Joint Stipulation, as follows:

WHEREAS, the Court ordered on July 25, 2018 that "It appears to the Court that this case, Google v. Eolas, 15-cv-5446-JST, is identical to Google v. Eolas, 17-cv-1138-JST. Unless any party objects by August 1, 2018 and persuades the Court otherwise, the Court will close this case" Dkt. 97.

WHEREAS, Google filed an objection to the Court's July 25, 2018 order on August 1, 2018. Dkt. 98.

WHEREAS, the Court ordered on August 2, 2018 that "By August 8, 2018, Defendants are ordered to file either a stipulated proposed order consolidating this case with Eolas Technologies, Inc. v Google LLC, 17-cv-1138, or an objection to Google's request to consolidate. ECF No. 98." Dkt. 99.

WHEREAS, the parties have conferred and do not object to this case being consolidated with Eolas Technologies, Inc. v Google LLC, 17-cv-1138.2

THEREFORE, the parties submit the attached stipulated proposed order.

SIGNATURE ATTESTATION

I, John B. Campbell, am the ECF user whose userid and password authorized the filing of this document. Under Civil L.R. 5-1(i)(3), I attest that the above signatories have concurred and consented to the filing of this document.

[PROPOSED] ORDER

Defendant Eolas Technologies Incorporated and Plaintiff Google LLC have stipulated to the consolidation of this case with Eolas Technologies, Inc. v Google LLC, 17-cv-1138.

The stipulation is GRANTED. Google LLC v. Eolas Technologies, Inc., 15-cv-5446 is consolidated with Eolas Technologies, Inc. v Google LLC, 17-cv-1138, with Eolas Technologies, Inc. v Google LLC, 17-cv-1138.

PURSUANT TO THE PARTIES' STIPULATION, IT IS SO ORDERED.

FootNotes


1. In its order, the court referred to "Defendants," but Eolas is the only defendant in this -05446 action.
2. Eolas believes that, given its first-filed nature, the -1138 case should be the lead case upon consolidation. See Dkt. 73 at 11-14. Google disputes that the -1138 case is the first-filed case for at least the reasons set forth in its Opposition to Eolas's Motion to Dismiss. See Dkt. 53-4 at 20-25.
Source:  Leagle

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