`
`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`– against –
`
`Plaintiff,
`
`
`WAG ACQUISITION, L.L.C.,
`
`
`
`
`NETFLIX, INC.,
`
`
`
`
`Defendant.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`No. 6:21-cv-01083-ADA
`Patent Case
`Jury Trial Demanded
`
`
`
`JOINT MOTION TO TRANSFER TO THE NORTHERN DISTRICT OF CALIFORNIA
`AND TO VACATE ALL PENDING DEADLINES
`
`Plaintiff WAG ACQUISITION, L.L.C. (“WAG”) and Defendant NETFLIX, INC.
`
`(“Netflix”) (collectively the “Parties”) have discussed the mandamus order issued from the Federal
`
`Circuit (Dkt. No. 45) in view of Netflix’s Motion To Dismiss or In the Alternative To Transfer to
`
`the Northern District of California (Dkt. No. 35) and WAG has agreed that it will not oppose
`
`Netflix’s motion to transfer the above-captioned case to the Northern District of California, which
`
`upon such transfer, will render the remainder of the motion moot.
`
`Further, the Parties jointly move this Court for an Order to vacate all deadlines under this
`
`Court’s Standing Orders, federal rules, and/or local rules of this Court, including without limitation
`
`relating to all pending motions.
`
`
`
`
`
`1
`
`IPR2022-01227
`EXHIBIT 1010 - PAGE 0001
`
`
`
`Case 6:21-cv-01083-ADA Document 48 Filed 02/02/22 Page 2 of 4
`
`Dated: February 2, 2022
`
`
`Respectfully submitted,
`
`
`By: /s/ David G. Liston
`
`OF COUNSEL:
`
`LISTON ABRAMSON LLP
`The Chrysler Building
`405 Lexington Ave, 46th Floor
`New York, New York 10174
`Tel: (212) 257-1630
`Ronald Abramson (Admitted pro hac vice)
`David G. Liston (Admitted pro hac vice)
`Ari J. Jaffess (Admitted pro hac vice)
`Alex G. Patchen (Admitted pro hac vice)
`M. Michael Lewis (Admitted pro hac vice)
`Gina K. Kim (State Bar No. 24097937)
`Email: docket@listonabramson.com
`
`HALEY & OLSON, P.C.
`100 North Ritchie Road, Suite 200
`Waco, Texas 76712
`Tel: (254) 776-3336
`Fax: (254) 776-6823
`Brandon R. Oates (State Bar No. 24032921)
`Email: boates@haleyolson.com
`
`Attorneys for Plaintiff WAG Acquisition,
`L.L.C.
`
`
`
`
`
`
`
`
`
`By: /s/ Sarah S. Brooks
`VENABLE LLP
`2049 Century Park East, Suite 2300
`Los Angeles, CA 90067
`Telephone: (310) 229-9900
`Facsimile: (310) 229-9901
`Sarah S. Brooks (pro hac vice)
`Margaret K. Ukwu (pro hac vice)
`ssbrooks@venable.com
`mkukwu@venable.com
`
`VENABLE LLP
`Rockefeller Center
`1270 Avenue of the Americas, 24th Fl.
`New York, NY 10020
`Frank M. Gasparo (pro hac vice)
`Ralph A. Dengler (pro hac vice)
`Andrew P. MacArthur (admitted to this Court)
`J. Daniel Kang (pro hac vice)
`fmgasparo@venable.com
`radengler@venable.com
`apmacarthur@venable.com
`jdkang@venable.com
`
`GILLAM & SMITH LLP
`303 S. Washington Ave.
`Marshall, Texas 75670
`Tel. 903.934.8450
`Fax 903.934.9257
`Melissa Smith (State Bar No. 24001351)
`melissa@gillamsmithlaw.com
`
`Attorneys for Defendant Netflix, Inc.
`
`2
`
`IPR2022-01227
`EXHIBIT 1010 - PAGE 0002
`
`
`
`Case 6:21-cv-01083-ADA Document 48 Filed 02/02/22 Page 3 of 4
`
`
`
`I hereby certify that the foregoing document has been filed on this 2nd day of February,
`
`CERTIFICATE OF SERVICE
`
`2022, pursuant to the CM/ECF system of the United States District Court for the Western
`
`District of Texas, which provides for service on counsel of record in accordance with the
`
`electronic filing protocols in place.
`
`Dated: February 2, 2022
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Sarah S. Brooks
`Sarah S. Brooks
`
`
`
`
`
`3
`
`IPR2022-01227
`EXHIBIT 1010 - PAGE 0003
`
`
`
`Case 6:21-cv-01083-ADA Document 48 Filed 02/02/22 Page 4 of 4
`
`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`– against –
`
`Plaintiff,
`
`
`WAG ACQUISITION, L.L.C.,
`
`
`
`
`NETFLIX, INC.,
`
`
`
`
`Defendant.
`
`No. 6:21-cv-01083-ADA
`Patent Case
`Jury Trial Demanded
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`ORDER OF THE COURT
`
`
`
`Before the Court is the parties’ Joint Motion to Transfer to the Northern District of
`
`California and to Vacate All Pending Deadlines.
`
`The Court, having considered the same, is of the opinion that the Joint Motion should be
`
`GRANTED.
`
`IT IS THEREFORE ORDERED that:
`
`1. The above-captioned case is transferred to the United States District Court for the Northern
`
`District of California.
`
`2. All deadlines in the above-captioned case are vacated, including deadlines under this
`
`Court’s Standing Orders, federal rules, and/or local rules of this Court, including without
`
`limitation relating to all pending motions.
`
`
`DATED: February___, 2022
`
`
`
`
`
`
`______________________________
`Judge of the United States District Court
`
`4
`
`IPR2022-01227
`EXHIBIT 1010 - PAGE 0004
`
`
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