`
`1313 North Market Street
`P.O. Box 951
`Wilmington, DE 19899-0951
`302 984 6000
`www.potteranderson.com
`
`Philip A. Rovner
`Partner
`provner@potteranderson.com
`(302) 984-6140 Direct Phone
`(302) 658-1192 Fax
`
`September 2, 2016
`
`BY CM/ECF & HAND DELIVERY
`The Honorable Richard G. Andrews
`U.S. District Court for the District of Delaware
`U.S. Courthouse
`844 North King Street
`Wilmington, DE 19801
`
`Re:
`
`Acceleration Bay LLC v. Activision Blizzard, Inc. et al.
`D. Del., C.A. No. 16-453-RGA, 16-454-RGA, 16-455-RGA
`
`Dear Judge Andrews:
`
`On July 8, 2016, Defendants moved to dismiss, stay or transfer the above-referenced
`actions in favor of declaratory judgment actions they had initiated in the Northern District of
`California (D.I. 6 in C.A. No. 16-453-RGA). We write to notify the Court that, yesterday, Judge
`Richard Seeborg granted Acceleration Bay’s motion to transfer those California declaratory
`judgment actions to the District of Delaware. (A copy of the Court’s Order is attached hereto as
`Ex. A). The Court concluded that, while the above-referenced Delaware actions were filed one
`day after Defendants’ declaratory judgment actions, “[Acceleration Bay’s] re-filed complaints
`functionally amended its original 2015 Delaware pleadings, and in any event, the [California
`declaratory judgment actions] were filed in anticipation of imminent litigation. It also is
`appropriate to defer to the Delaware court’s superior familiarity with these proceedings. As such
`these suits will be transferred back to ‘The First State’ where they belong.” Order, at 2.
`
`In light of Judge Seeborg’s Order, we have requested that Defendants withdraw their
`motion to dismiss, stay or transfer as well as their motion for attorney fees (D.I. 157 in C.A. No.
`15-228-RGA). Absent their agreement, Acceleration Bay respectfully requests that their motions
`be denied and that the Court hold a scheduling conference as soon as practicable so that the
`above-referenced actions may be put back on track for trial.
`
`Respectfully,
`
`/s/ Philip A. Rovner
`
`Philip A. Rovner (#3215)
`
`
`
`Case 1:16-cv-00455-RGA Document 15 Filed 09/02/16 Page 2 of 2 PageID #: 908
`
`The Honorable Richard G. Andrews
`September 2, 2016
`Page 2
`
`PAR/mah/1232902
`cc:
`All Counsel of Record (Via ECF Filing, Electronic Mail)
`Attachments
`
`
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