Free Memorandum in Opposition - District Court of California - California

Case 4:07-cv-06511-CW

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Filed 01/29/2008

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DAVID T. PRITIKIN (Pro Hac Vice Admission Pending) [email protected] PETER H. KANG (SBN 158101) [email protected] THOMAS N. TARNAY (Pro Hac Vice Admission Pending) [email protected] MARC R. ASCOLESE (SBN 251397) [email protected] SIDLEY AUSTIN LLP 555 California Street, Suite 2000 San Francisco, CA 94104-1715 Telephone: 415-772-1200 Facsimile: 415-772-7400 Attorneys for Plaintiff LG Electronics, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) Plaintiff/Counterclaim Defendant, ) ) v. ) ) HITACHI, LTD., HITACHI AMERICA, LTD., ) HITACHI DATA SYSTEMS CORPORATION, ) and HITACHI COMPUTER PRODUCTS ) (AMERICA), INC., ) ) Defendants. ) ) ) LG ELECTRONICS, INC., Case No: 3:07 CV 06511 PJH

PLAINTIFF LG ELECTRONICS INC.'S OPPOSITION TO DEFENDANTS' "REQUEST FOR REASSIGNMENT"

PLAINTIFF LG ELECTRONICS INC.'S OPPOSITION TO DEFENDANTS' "REQUEST FOR REASSIGNMENT" CASE NO. 3:07 CV 06511 PJH

Case 4:07-cv-06511-CW

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Filed 01/29/2008

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Instead of filing a normal declination to proceed before a Magistrate Judge, Defendants Hitachi, Ltd., et al., included with their declination an improper "request," without basis in any Local Rule or General Order, for this case to be transferred to Judge Wilken. In their request, Defendants provided no reason why the Court or the Clerk's office should deviate from the normal procedure after declination, to randomly reassign this matter to a United States District Judge. By Notice on January 28, 2008, Magistrate Judge Zimmerman acknowledged Defendants' declination of consent to the jurisdiction of a Magistrate Judge, indicating that this case was to be randomly reassigned to a United States District Judge. Accordingly, Plaintiff LG Electronics submits that Defendants' request for reassignment to Judge Wilken is now moot, and should not be considered by this Court. However, should this Court decide to consider Defendants' request, Plaintiff respectfully requests notification thereof, and an opportunity to respond to Defendants' request on the merits.

Dated: January 29, 2008

SIDLEY AUSTIN LLP By: /s/ Peter H. Kang Peter H. Kang

Attorneys for Plaintiff LG Electronics, Inc.

-1PLAINTIFF LG ELECTRONICS INC.'S OPPOSITION TO DEFENDANTS' "REQUEST FOR REASSIGNMENT" CASE NO. 3:07 CV 06511 PJH

Case 4:07-cv-06511-CW

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Filed 01/29/2008

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