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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. 17-1447-JFB-SRF
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`)))))))))))
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`MAXELL, LTD.,
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`BLU PRODUCTS, INC.,
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`
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`v.
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`Plaintiff,
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`Defendant.
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`STIPULATION TO TRANSFER VENUE PURSUANT TO 28 U.S.C. § 1404(a)
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`Plaintiff Maxell, Ltd. (“Maxell”) and Defendant BLU Products, Inc. (“BLU”) hereby
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`stipulate to transfer this action to the Southern District of Florida pursuant to 28 U.S.C.
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`§§ 1404(a) and the Court’s inherent powers.
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`WHEREAS, Maxell filed its complaint for patent infringement in this action on October
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`13, 2017;
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`WHEREAS, BLU moved to dismiss the complaint for improper venue or, in the
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`alternative, to transfer to the Southern District of Florida on January 12, 2018;
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`WHEREAS, briefing on BLU’s motion to dismiss is now complete, and the Court
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`scheduled oral argument on the motion for March 29, 2018 at 10:00 a.m.;
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`WHEREAS, the Southern District of Florida would have personal jurisdiction over BLU
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`and subject matter jurisdiction over the causes of action alleged in Maxell’s complaint pursuant
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`to 28 U.S.C. §§ 1331 and 1338(a);
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`WHEREAS, the Parties have met and conferred and agreed that a transfer of this action
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`to the Southern District of Florida is appropriate;
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`Case 1:17-cv-01447-JFB-SRF Document 22 Filed 04/02/18 Page 2 of 2 PageID #: 236
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`WHEREAS, 28 U.S.C. § 1404(a) permits a district court, in the interest of justice, to
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`transfer a case to another district where venue is proper, and a district court also has inherent
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`authority to transfer cases in order to manage its docket, see, e.g., Beacon Navigation GmbH v.
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`Crysler Group L.L.C., No. 11-CV-921, 2013 U.S. Dist. LEXIS 38437, at *30-32 (D. Del. Mar.
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`20, 2013);
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`WHEREAS, the Parties agreed to submit a proposed scheduling order in the new court
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`with a standard case track providing for trial in or around May 2019;
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`NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, subject to the
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`Court’s approval, that:
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`1. This case is hereby transferred to the Southern District of Florida; and
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`2. The oral argument scheduled for March 29, 2018 at 10:00 a.m. is hereby
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`cancelled.
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`ROSS ARONSTAM & MORITZ LLP
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`PANITCH SCHWARZE BELISARIO & NADEL, LLP
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` /s/ Benjamin J. Schladweiler
`Benjamin J. Schladweiler (#4601)
`100 S. West Street, Suite 400
`Wilmington, DE 19801
`(302) 576-1600
`bschladweiler@ramllp.com
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`Counsel for Plaintiff Maxell, Ltd.
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`Dated: March 28, 2018
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` /s/ Dennis J. Butler
`Dennis J. Butler (#5981)
`Wells Fargo Tower
`2200 Concord Pike, Suite 201
`Wilmington, DE 19803
`(302) 394-6006
`dbutler@panitchlaw.com
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`Counsel for Defendant BLU Products, Inc.
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`SO ORDERED, this 2nd day of April
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`, 2018.
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`THE HONORABLE JOSEPH F. BATAILLON
`SENIOR UNITED STATES DISTRICT JUDGE
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`2
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