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Replies to #8503 on Rambus (RMBS)
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Threejack

02/28/06 9:44 PM

#8505 RE: Threejack #8503

re: A great read


Says it all:

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Now, in the worst form of forum shopping, it has run to another
federal district court to have those exact same issues litigated more quickly under a newly
minted RICO theory, rather than seeking leave to amend its complaint in this action to
assert that theory or asking the Court to set earlier trial dates. If ever there were a case in
which an injunction under the first-filed doctrine is justified, it is this one.

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Blatant judge-shopping. These are the motions that must keep a Judge up at night...Center stage, in the spotlight, character-tester.

Any attorneys who read the board care to comment on the likely outcome?

Just my opinion.

Threejack
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smd1234

02/28/06 11:50 PM

#8511 RE: Threejack #8503

TJ - re: does Judge Jordan have the right stuff

the cool thing about this motion is that Payne is a mere bystander.
If Jordan goes Rambus' way, then MU will be forced to drop the case before Payne.

I won't claim to have done the research for cases weighing against the motion, but

= Rambus seems to play things straight, which means they take seriously the obligation to include and address in their motion papers all the important cases weighing against their request - but here I don't see any.

= If Jordan is a good Judge, which I think he is based on the transcript and decisions of his I've seen, he will very calmly and quietly drill MU a new one - if you catch my drift.

I got into this point a bit previously, and might have mentioned comments from Nic on TMF: MU's move to VA was a classic bonehead move - something you'd expect from a legal team that lacks coordination (or savvy) at the top.

smd

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Question is, does Judge Jordan have the right stuff to square off against Judge Payne and the political power of Micron. Can you imagine His Nibs reading this motion and wondering about his own stuff? What a drama. : )