L. G. Philips LCD Co., Ltd. Et Al v. Tatung Company Et Al - Document No. 8
L. G. Philips LCD Co., Ltd. Et Al v. Tatung Company Et Al - Document No. 8
L. G. Philips LCD Co., Ltd. Et Al v. Tatung Company Et Al - Document No. 8
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Case 2:07-cv-00398-MJP Document 8 Filed 03/20/2007 Page 1 of 2
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L.G. PHILIPS LCD CO., LTD.,
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Plaintiff, No. C07-398 MJP
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v. ORDER
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TATUNG CO., et al.,
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Defendants.
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This matter comes before the Court on Defendant Tatung Company and Tatung Company of
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America, Inc.’s motion for a protective order limiting the scope of a third-party deposition and
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subpoena and request for an expedited hearing. (Dkt. No. 1).
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This dispute involves a deposition notice and subpoena issued in this district and served on
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third-party Amazon.com in connection with a patent infringement lawsuit pending in the United
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States District Court for the District of Delaware. Defendants filed a motion for protective order
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limiting discovery from Amazon.com. Plaintiff has requested that the Court formally transfer this
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dispute to the District of Delaware.. (Dkt. No. 3 at 6-7). In their Reply, Defendants state that they do
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not oppose the transfer. (Dkt. No. 5 at 3).
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The Court has the authority to transfer this matter to the court where the main action is
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pending. See In re Digital Equipment Corp., 949 F.2d 228, 231 (8th Cir. 1991); Fed. R. Civ. P. 26(c)
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advisory committee’s note (“The court in the district where the deposition is being taken may, and
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frequently will, remit the deponent or party to the court where the action is pending.”). Because the
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Delaware Court is in a better position to evaluate this dispute in light of the history of the discovery
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disputes between these parties and the facts at issue in the main case, and because neither party
ORDER - 1
Dockets.Justia.com
Case 2:07-cv-00398-MJP Document 8 Filed 03/20/2007 Page 2 of 2
1 opposes the transfer, the Court orders that this case be transferred to the United States District Court
3 The Clerk is directed to prepare all necessary materials and transfer them as expeditiously as
4 possible to the United States District Court for the District of Delaware. The Clerk is also directed to
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A
Marsha J. Pechman
United States District Judge
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ORDER - 2