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Case No. 17-cv-00220-LHK 

ORDER RELATING CASES

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United States District Court

Northern District of California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

FEDERAL TRADE COMMISSION,

Plaintiff,

v.

QUALCOMM INCORPORATED,

Defendant.

Case No. 17-CV-00220-LHK 

ORDER RELATING CASES

Re: Dkt. Nos. 14, 18, 32, 35

On January 23, 2017, plaintiffs in the case of Bornstein, et al. v. Qualcomm Inc., Case No. 

17-CV-234-NC (the “Bornstein Action”) filed in this action an Administrative Motion to Relate. 

ECF No. 14. Specifically, the Bornstein plaintiffs requested that this Court relate the Bornstein 

action, which was filed on January 18, 2017, to this case, Federal Trade Commission v. 

Qualcomm Inc., Case No. 17-CV-00220-LHK (the “FTC Action”), which was filed on January 17, 

2017. Further, the Bornstein plaintiffs requested that this Court relate the case Stromberg, et al. v. 

Qualcomm Inc., Case No. 17-CV-304-NC (the “Stromberg Action”), which was filed on January 

20, 2017. 

On January 25, 2017, the Bornstein plaintiffs filed in this action a Second Administrative 

Motion to Relate, requesting that this Court also relate the case McMahon v. Qualcomm Inc., Case 

Case 5:17-cv-00220-LHK Document 36 Filed 02/01/17 Page 1 of 3
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Case No. 17-cv-00220-LHK 

ORDER RELATING CASES

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United States District Court

Northern District of California

No. 17-CV-372-HRL (the “McMahon Action”), which was filed on January 24, 2017, to this case. 

See ECF No. 18. 

On January 26, 2017, Boardsports School LLC (“Boardsports”), plaintiff in the case of 

Boardsports School LLC v. Qualcomm Inc., Case No. 17-CV-00398-HRL (the “Boardsports

Action”), filed in this action an Administrative Motion to Relate. ECF No. 32. Specifically, 

Boardsports requested that this Court relate the Boardsports Action, which was filed on January 

25, 2017, to (1) this case; (2) the Bornstein Action; (3) the Stromberg Action; and (4) the 

McMahon Action. Id. at 2. On January 27, 2017, plaintiffs in the Bornstein Action filed a notice 

of joinder in Boardsport’s Administrative Motion to Relate. 

On January 27, 2017, Plaintiffs in the case Benad, et al. v. Qualcomm Inc., 17-CV-00440-

LHK (the “Benad Action”), filed in this action an Administrative Motion to Relate. ECF No. 35. 

The Benad plaintiffs requested that this Court relate the Benad Action, which was filed on January 

27, 2017, to (1) this case; (2) the Bornstein Action; (3) the Stromberg Action; (4) the McMahon

Action; and (5) the Boardsports Action. See id. at 2. 

The Court finds that these actions “concern substantially the same parties, property, 

transaction or event” and it is “likely that there will be an unduly burdensome duplication of labor 

and expense or conflicting results if the cases are conducted before different Judges.” Civil L.R. 

3-12(a).

The FTC Action is the first-filed case and thus has the lowest case number. Under Civil 

L.R. 3-12(f)(3), “[i]f any Judge decides that any of the cases are related, . . . the Clerk shall 

reassign all higher-numbered cases to that Judge.” Accordingly, the Clerk shall relate the laterfiled cases, Bornstein, et al. v. Qualcomm Inc., Case No. 17-CV-234-NC; Stromberg, et al. v. 

Qualcomm Inc., Case No. 17-CV-304-NC; McMahon v. Qualcomm Inc., 17-CV-00372-HRL; 

Boardsports School LLC v. Qualcomm Inc., 17-CV-00398-HRL; and Benad, et al. v. Qualcomm

Inc., Case No. 17-CV-440-LHK; to the first filed case, FTC v. Qualcomm Inc., Case No. 17-CV00220-LHK. 

Case 5:17-cv-00220-LHK Document 36 Filed 02/01/17 Page 2 of 3
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Case No. 17-cv-00220-LHK 

ORDER RELATING CASES

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United States District Court

Northern District of California

IT IS SO ORDERED.

Dated: February 1, 2017

______________________________________

LUCY H. KOH

United States District Judge

Case 5:17-cv-00220-LHK Document 36 Filed 02/01/17 Page 3 of 3