Fujitsu Limited v. Tellabs Inc et al
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|Date Filed||#||Document Text|
|September 11, 2013
ORDER DENYING Tellabs' motion to dismiss the 4991 action and granting Fujitsu Limited's cross-motion to consolidate the 4991 action with the 4530-3229 actions. For the reasons set forth in the Statement section of this Order, Tellabs' "Motion to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(6)" (Dkt. No. 36) is denied and Fujitsu Limited's "Cross-Motion to Consolidate the 4991 Action with the 4530/3229 Actions" (Dkt. Nos. 43, 44) is granted. Pursuant to Federal Rule of Civil Procedure 42(a), the court finds that common questions of law or fact with respect to the '737 Patent require the consolidation of case number 13 C 4991 and case number 09 C 4530 for all purposes. All matters related to either the '737 Patent or case number 13 C 4991 shall henceforth be filed in case number 09 C 4530. These consolidated cases remain set for trial on the '737 Patent on 2/24/14 with all pre-trial dates as set forth in the scheduling order entered by th is court on 6/7/13 [Case No. 09 C 4530, Dkt. Nos. 1090; 1108]. The court appreciates the parties' counsels' efforts to keep the set schedule, but will consider adjustments, if requested and necessary, at the next status hearing in these consolidated cases on 10/10/13 at 9:00 a.m. The parties are once again encouraged to discuss settlement. Signed by the Honorable James F. Holderman on 9/11/2013. Notice mailed by judge's staff (ntf, )
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