Venue is also proper in the Northern District
California as Hard Drive has
2 to the venue
this court by filing action number C 11-05634 PJH in this district, its t eats
lawsuits and settlement demands to plaintiff, and by its conduct within this distr ct whi
4 has created an actual and continuing controversy such that the court needs to declare the r ghts d5 other legal relations
plaintiff who is seeking such declarations from the court, and which is elated o6 this action.
this action to the Oakland Division is proper as Hard Drive'9 action number
C 11-05634 PJH is assigned to the Honorable Phyllis
Hamilton in the Oakl
Division per the Local Rules
Practice in Civil Proceedings before the United States Distr ct Co
for the Northern District
California (hereafter "Civil L.R.") 3-3(c) and 3-12.VI. FACTUAL
On March 31, 2011, Hard Drive filed a complaint for copyright infringement w ich
assigned case number C 11-01567
(hereafter "prior action").
Based on Hard Drive's consent to proceed before a U.S. Magistrate Judge,
action was assigned to the Honorable Laurel Beeler.
In this prior action, Hard Drive failed to comply with Civil L.R. 3-16(b)(1) by ailing
disclose "any persons, associations
persons, firms, partnerships, corporations (includin pare t
20 corporations), or other entities other than the parties themselves known by the party to ha eithd :(i) a financial interest
any kind) in the subject matter in controversy or in a party to the pr
26or (ii) any other kind
interest that could be substantially affected by the outcome
the proc eding.l
Instead on March 31, 2011, Hard Drive violated Civil L.R. 3.16(b) by pu osefullimiting and qualifying its disclosure to only state that Hard Drive does not have a parent cothat owns 10% or more
its stock, and that there are no known persons, associations
firms, partnerships, corporations (including parent corporations), or other entities that rna27 personal or affiliated financial interest in the subject matter or controversy.
Case3:12-cv-01006-JCS Document1 Filed02/28/12 Page3 of 29