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Novell v. Microsoft Gets Moved to Maryland for Pretrial Issues
Saturday, April 30 2005 @ 07:15 PM EDT

The Novell v. Microsoft litigation is moving to Maryland for pretrial proceedings. Here's the Transfer Order [PDF]. I'm guessing Novell isn't too thrilled about this. Magistrate Judge Brooke Wells is off the case now. Here's the docket information:

4/25/05 26 -- Transfer Order, transferring case to the District of Maryland in re: Microsoft Corp. Windows Operating Systems Antitrust Litigation MDL no. 1332 signed by Wm Terrell Hodges, Chairman, (jmr) [Entry date 04/29/05]

4/25/05 -- MDL Case transferred to District of Maryland. MDL Dkt No. 1332 (jmr) [Entry date 04/29/05]

4/29/05 - 27 -- Notice of transmittal of case transferred to District of Maryland MDL no. 1332 per order no. 26. (jmr) [Entry date 04/29/05]

4/29/05 -- CASE NO LONGER REFERRED TO Judge Brooke C. Wells (jmr) [Entry date 04/29/05]

4/29/05 -- Case closed per order no. 26. (jmr) [Entry date 04/29/05]

Here's the text of the transfer order.

****************************

JUDICIAL PANEL ON
MULTIDISTRICT LITIGATION

APR 18 2005

FILED CLERK'S OFFICE

DOCKET NO. 1332

[unclear]JUDICIAL PANEL ON MULTIDISTRICT LITIGATION

IN RE MICROSOFT CORP. WINDOWS OPERATING SYSTEM
ANTITRUST LITIGATION

Novell, Inc. v. Microsoft Corp., D. Utah, C.A. No. 2:04-1045 [handwritten: JFM-05-1087]

BEFORE WM. TERRELL HODGES, CHAIRMAN, JOHN F. KEENAN, D.
LOWELL JENSEN, J. FREDERICK MOTZ*, ROBERT L. MILLER, JR.,
KATHRYN H. VRATIL AND DAVID R. HANSEN, JUDGES OF THE PANEL

TRANSFER ORDER

Before the Panel is a motion brought, pursuant to Rule 7.4, R.P.J.P.M.L., 199 F.R.D. 425, 435-36 (2001), by plaintiff in a District of Utah action ( Novell). Plaintiff asks the Panel to vacate a Panel order conditionally transferring Novell to the District of Maryland for inclusion in the centralized pretrial proceedings occurring there in this docket before Judge J. Frederick Motz. Defendant Microsoft Corp. supports transfer of the action.

On the basis of the papers filed and hearing session held, the Panel finds that Novell involves common questions of fact with actions in this litigation previously transferred to the District of Maryland, and that transfer of Novell to that district for inclusion in the coordinated or consolidated pretrial proceedings occurring there will serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation. The Panel is persuaded that transfer is appropriate for reasons expressed by the Panel in its original order directing centralization in this docket. The Panel held that the District of Maryland was a proper Section 1407 forum for actions involving allegations pertaining to Microsoft's alleged anticompetitive conduct in a purported market for personal computer operating systems. See In re Microsoft Corp. Windows Operating Systems Antitrust Litigation, MDL-1332, 2000 U.S. Dist. Lexis 5559 (J.P.M.L. Apr. 25, 2000).

IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. Section 1407, this action is transferred to the District of Maryland and, with the consent of that court, assigned to the Honorable J. Frederick Motz for inclusion in the coordinated or consolidated pretrial proceedings occurring there in this docket.

FOR THE PANEL:

___[signature]___
Wm. Terrell Hodges
Chairman

[Clerk attestation and signature]

* Judge Motz took no part in the decision of this matter.


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