TimesLines, Inc v. Facebook, Inc.

Filing 117

MOTION by Plaintiff TimesLines, Inc, Counter Defendant TimesLines, Inc to amend/correct order on motion in limine,,, ruling on motion hearing,,, set deadlines/hearings,, 113 the Schedule entered by the court on March 13, 2013, MOTION by Plaintiff TimesLines, Inc, Counter Defendant TimesLines, Inc for extension of time for filing Motions in Limine and Responses thereto (Van Baren, Bruce)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION TIMELINES, INC. Plaintiff/Counter-Defendant v. FACEBOOK, INC. Defendant/Counter-Plaintiff. ) ) ) ) ) ) ) ) ) Civil Action No.: 11 CV 6867 HONORABLE JOHN W. DARRAH Jury Trial Demanded AGREED MOTION TO AMEND THE SCHEDULE ENTERED BY THE COURT ON MARCH 13, 2013 AND TO EXTEND THE DEADLINES FOR FILING MOTIONS IN LIMINE AND RESPONSES THERETO Plaintiff/Counter-Defendant Timelines, Inc. (“Timelines”) and Defendant/CounterPlaintiff Facebook, Inc. (“Facebook”), being in agreement, hereby respectfully move the Court to amend the schedule set forth in the Minute Order (Docket Entry # 113) and to extend the deadlines for filing motions in limine and responses thereto. In support of this Agreed Motion, the parties state as follows: 1. While both parties are busy preparing for trial, attorneys for Timelines have had trials and disputes in other matters that just resolved in the prior few days. Additionally, counsel for both parties have been discussing stipulations in an effort to narrow the number of motions in limine to be filed with the Court. 2. Although the Court’s standing pre-trial order did not set a due date for the filings of motions in limine, the parties had proposed a schedule whereby motions in limine would be filed today, April 5, 2013, with responses due on April 12, 2013. 3. Due to the aforementioned scheduling conflicts, the parties are, by this motion, seeking to amend the schedule entered by the Court on March 13, 2013, by one day, as follows: the deadline for filing motions in limine is extended from April 5, 2013, until April 8, 2013; the deadline for filing answers to any motions in limine is extended from April 12, 2013 until April 15, 2013. 4. This request is made in good faith and not for the purpose of delay and neither party will suffer harm or prejudice upon the granting of this Motion. WHEREFORE, Plaintiff/Counter-Defendant Timelines, Inc. and Defendant/CounterPlaintiff Facebook, Inc. respectfully request that this Court enter an order extending the deadlines to file motions in limine and responses thereto; and for such other and further relief as this Court deems as just and proper. -2- TIMELINES, INC. By: /s/ Bruce R. Van Baren One of its Attorneys James T. Hultquist (#6204320) Douglas A. Albritton (#6228734) Michael L. DeMarino (#6298337) Bruce R. Van Baren (#6310375) REED SMITH LLP 10 South Wacker Drive, 40th Floor Chicago, Illinois 60606-7507 (312) 207-1000 (312) 207-6400 (facsimile) jhultquist@reedsmith.com dalbritton@reedsmith.com MDeMarino@reedsmith.com BVanBaren@reedsmith.com FACEBOOK, INC. By: One of its Attorneys /s/ Thomas M. Monagan, III Steven D. McCormick (#1824260) Thomas M. Monagan, III (#6278060) KIRKLAND & ELLIS LLP 300 North Lasalle Chicago, IL 60654-3406 Tel: (312) 862-2000 Fax: (312) 862-2200 Email: smccormick@kirkland.com tmonagan@kirkland.com /s/ Peter J. Willsey Michael G. Rhodes (Admitted Pro Hac Vice) Peter J. Willsey (Admitted Pro Hac Vice) Anne H. Peck (Admitted Pro Hac Vice) Jeffrey T. Norberg (Admitted Pro Hac Vice) Gavin L. Charlston (Admitted Pro Hac Vice) COOLEY LLP 101 California Street, 5th Floor San Francisco, CA 94111-5800 Phone: (415) 693-2000 Fax: (415) 693-2222 Email: rhodesmg@cooley.com pwillsey@cooley.com peckah@cooley.com jnorberg@cooley.com gcharlston@cooley.com -3- CERTIFICATE OF SERVICE The undersigned, an attorney, hereby certifies that he served the foregoing Agreed Motion for Extension to Amend the Schedule Entered by the Court on March 13, 2013 and to Extend the Deadlines for Filing Motions in Limine and Responses Thereto by means of the Court’s CM/ECF System, which causes a true and correct copy of the same to be served electronically on all CM/ECF registered counsel of record, on April 5, 2013. /s/ Bruce R. Van Baren___________ Bruce R. Van Baren -4-