In Optimum Power Solutions LLC v. Hewlett-Packard Co., et al., C.A. Nos. 11-853, 854, 855, 856 (D. Del. May 25, 2012), Judge Stark recently considered motions to transfer four related cases filed by plaintiff Optimum to the Northern District of California. Plaintiff had previously filed a case against three of four of the instant defendants, among others, in the Eastern District of Texas. That court concluded that transfer to the Northern District of California was appropriate. Id. at 1. After the transfer, the plaintiff moved the California court to amend its complaint to add more defendants, and the original defendants moved to dismiss. Id. at 3. The court “denied Plaintiff’s motion, granted defendants’ motion, and dismissed without prejudice each defendant other than Apple [, apparently envisioning] that Plaintiff would then re-file individual actions against each defendant in the Northern District, actions which might then be coordinated. Instead, Plaintiff chose to initiate suit against four defendants here (and others elsewhere).” Id. at 3-4. Judge Stark concluded that these circumstances weighed in favor of transfer and granted defendants pending motions. Id. at 4.
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