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Voip-Pal.com, Inc. v. Apple, Inc., 2:18-cv-00953-RFB-GWF. (2018)

Court: District Court, D. Nevada Number: infdco20181016802 Visitors: 6
Filed: Oct. 05, 2018
Latest Update: Oct. 05, 2018
Summary: STIPULATION AND ORDER TRANSFERRING THE CASE TO THE NORTHERN DISTRICT OF CALIFORNIA RICHARD F. BOULWARE, II , District Judge . Plaintiff VoIP-Pal.com, Inc. ("VoIP-Pal") and Defendant Apple Inc. ("Apple") agree and stipulate as follows: WHEREAS VoIP-Pal filed a separate lawsuit against Cellco Partnership d/b/a Verizon Wireless ("Verizon") in this District asserting similar patents as are asserted in this litigation. Voip-Pal.com, Inc. v. Cellco Partnership d/b/a Verizon Wireless, No. 2:1
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STIPULATION AND ORDER TRANSFERRING THE CASE TO THE NORTHERN DISTRICT OF CALIFORNIA

Plaintiff VoIP-Pal.com, Inc. ("VoIP-Pal") and Defendant Apple Inc. ("Apple") agree and stipulate as follows:

WHEREAS VoIP-Pal filed a separate lawsuit against Cellco Partnership d/b/a Verizon Wireless ("Verizon") in this District asserting similar patents as are asserted in this litigation. Voip-Pal.com, Inc. v. Cellco Partnership d/b/a Verizon Wireless, No. 2:16-cv-00271-RCJ-VCF (D. Nev.) (the "Verizon case");

WHEREAS Verizon filed on August 17, 2018 a Motion to Transfer Venue to the Northern District of California Pursuant to 28 U.S.C. § 1404(a), Dkt. No. 72 in the Verizon case. The Motion to Transfer is fully briefed as of September 11, 2018. VoIP-Pal no longer opposes Verizon's Motion to Transfer and the Verizon case was transferred to the Northern District of California on October 1, 2018;

WHEREAS VoIP-Pal filed a separate lawsuit against Twitter, Inc. in this District asserting similar patents as this litigation. Voip-Pal.com, Inc. v. Twitter, Inc., No. 2:16-cv-02338-RFB-CWH (D. Nev.). The Voip-Pal v. Twitter case was transferred to the Northern District of California on July 23, 2018;

WHEREAS Voip-Pal has also filed this lawsuit against Apple and separate lawsuits against Apple, AT&T Corp. and Amazon.com, Inc. in this District. VoIP-Pal.com, Inc. v. Apple, Inc., Case No. 2:18-cv-00953-RFB-GWF (D. Nev.); VoIP-Pal.com, Inc. v. Apple, Inc., Case No. 2:16-cv-00260-RFB-VCF (D. Nev.) ("2016 Apple case"); VoIP-Pal.com, Inc. v. AT&T, Inc., No. 2:18-cv-01129-RCJ (D. Nev.); Voip-Pal.com, Inc. v. Amazon.com, Inc. et al., No. 2:18-cv-01076-MMD-VCF (D. Nev.). The cases involve similar allegations as this case. Voip-Pal consents to transfer of this case, and has consented to transfer of the 2016 Apple case and the AT&T Corp. and Amazon.com, Inc. cases, to the Northern District of California.

IT IS HEREBY STIPULATED that this case is transferred to the United States District Court for the Northern District of California. The Clerk of Court shall close this case in this District.

This Stipulation is filed in good faith and is not intended to cause unnecessary delay. The convenience of the parties and witnesses favors transfer to the Northern District of California. And because the Twitter and Verizon cases were transferred to California, and Voip-Pal consents to transfer of the 2016 Apple case and the AT&T Corp. and Amazon.com, Inc. cases, it would be efficient for the parties and the Court to also transfer this case. There is thus good cause to transfer the case to the Northern District of California.

IT IS SO ORDERED.

Source:  Leagle

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