Case 3:13-cv-00360-BEN-WMC Document 26 Filed 08/09/13 Page 1 of 4
`
`Joseph P. Reid (SBN 211082)
`Thomas N. Millikan (SBN 234430)
`Gartman Law Group P.C.
`11622 El Camino Real, Suite 100
`San Diego, California 92130
`Telephone: (858) 461-7360
`Attorneys for Plaintiff,
`ADVANCED AUCTIONS LLC
`Jared Bobrow (SBN: 133712)
`jared.bobrow@weil.com
`Andrew L. Perito (SBN: 269995)
`andrew.perito@weil.com
`Christopher S. Geyer (SBN: 288527)
`christopher.geyer@weil.com
`Weil, Gotshal & Manges LLP
`201 Redwood Shores Parkway
`Redwood Shores, CA 94065-1134
`Telephone: (650) 802-3000
`Facsimile: (650) 802-3100
`Attorneys for Defendant,
`EBAY INC.
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
`
`Case No. 13cv360-BEN (WMc)
`JOINT MOTION TO DISMISS AND
`PROCEED UNDER SECOND
`ACTION
`
`ADVANCED AUCTIONS LLC,
`
`
`
`Plaintiff,
`
`
`
`
`
`v.
`
`EBAY INC.,
`
`
`
`
`
`
`
`Defendant.
`
`Plaintiff Advanced Auctions LLC filed a complaint against defendant eBay,
`Inc., in the United States District Court for the Southern District of California
`commencing Civil Action No. 13cv360-BEN (WMc) (“First Action”) on February
`13, 2013. For reasons explained in its Notice of Related Case and the parties Joint
`Discovery and Case Management Plan, Advanced Auctions filed a second case,
`
`JOINT MOTION TO DISMISS AND
`PROCEED UNDER SECOND ACTION
`
`1
`
`Case No. 13cv360-BEN (WMc)
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`

`

`Case 3:13-cv-00360-BEN-WMC Document 26 Filed 08/09/13 Page 2 of 4
`
`Case No. 13cv1612, on July 11, 2013 (“Second Action”) involving the same patent
`and claims.
`To promote judicial efficiency, conserve resources, and avoid delay, the
`parties have agreed, pending the Court’s approval, to proceed in only the Second
`Action before this Court. The parties have also agreed, pending the Court’s
`approval, that the work from the First Action should carry over to the Second
`Action and the Second Action should proceed without delay. Specifically, the
`Early Neutral Evaluation and Rule 16 scheduling conference from the First Action,
`which occurred August 7, 2013, should be the ENE and Rule 16 conference for the
`Second Action, and the Court need not schedule those items to occur again in the
`Second Action. Likewise, the parties’ discovery, work, and filings from the First
`Action should carry over to the Second Action, as if they had taken place in the
`Second Action, including the Rule 26(f) conference, Joint Discovery and Case
`Management Plan, and proposed ESI Order. The Court need not wait for the
`parties to answer the complaint or any counterclaims to proceed.
`The Protective Order entered by the Court yesterday (D.I. 25) appears to
`already be entered in both the First Action and the Second Action, as it bears both
`case numbers. The parties ask the Court to consider its Joint Discovery and Case
`Management Plan, and proposed ESI Order from this case, and enter any
`scheduling, ESI, case management, or future orders stemming from those filings in
`the Second Action.
`NOW, THEREFORE, Plaintiff and Defendant jointly request and stipulate
`to the entry of an Order providing that:
`1.
`The parties’ discovery and Rule 26(f) conference from the First Action
`will be treated as if they occurred in the Second Action;
`2.
`The Protective Order (D.I. 25) will apply with full force to the Second
`Action;
`Any ESI Order and Joint Discovery and Case Management Plan
`3.
`JOINT MOTION TO DISMISS AND
`PROCEED UNDER SECOND ACTION
`
` Case No. 13cv360-BEN (WMc)
`
`-2-
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`

`

`Case 3:13-cv-00360-BEN-WMC Document 26 Filed 08/09/13 Page 3 of 4
`
`entered by the Court as a result of the parties’ submissions of those documents in
`the First Action, will apply with full force to the Second Action, and any future
`orders stemming from those filings will be entered in the Second Action;
`4.
`All claims asserted by Plaintiff against Defendant and all defenses and
`counterclaims asserted by Defendant against Plaintiff in this First Action are
`dismissed without prejudice;
`5.
`Each of the parties shall bear its own costs, expenses, and attorneys’
`fees associated with the prosecution and defense of this First Action;
`6.
`The parties will proceed with the Second Action.
`
`DATED: August 9, 2013
`
`GARTMAN LAW GROUP, PC
`
`By:/s/ Thomas N. Millikan
`Joseph P. Reid (SBN 211082)
`Thomas N. Millikan (SBN 234430)
`Attorneys for Plaintiff
`ADVANCED AUCTIONS LLC
`
`DATED: August 9, 2013
`
`WEIL, GOTSHAL & MANGES LLP
`
`By:/s/ Andrew L. Perito
`Jared Bobrow (SBN 133712)
`Andrew L. Perito (SBN 269995)
`Christopher Geyer (SBN 288527)
`Attorneys for Defendant
`EBAY INC.
`
`JOINT MOTION TO DISMISS AND
`PROCEED UNDER SECOND ACTION
`
`-3-
`
` Case No. 13cv360-BEN (WMc)
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`

`

`Case 3:13-cv-00360-BEN-WMC Document 26 Filed 08/09/13 Page 4 of 4
`
`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that a true and correct copy of the above
`and foregoing document has been served on August 9, 2013 to all counsel of
`record who are deemed to have consented to electronic service via the Court’s
`CM/ECF system per Civil Local Rule 5.4. Any other counsel of record will be
`served by electronic mail, facsimile and/or overnight delivery.
`
`/s/ Thomas N. Millikan
`Thomas N. Millikan
`Attorneys for Plaintiff
`Advanced Auctions LLC
`
`
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`JOINT MOTION TO DISMISS AND
`PROCEED UNDER SECOND ACTION
`
`-4-
`
` Case No. 13cv360-BEN (WMc)
`
`