TimesLines, Inc v. Facebook, Inc.

Filing 163

RESPONSE by TimesLines, Inc to MOTION by Counter Claimant Facebook, Inc., Defendant Facebook, Inc.in limine No. 5: To Exclude Evidence, Testimony, and Argument Relating to Facebook, Inc.'s Overall Financial Condition and Net Worth 139 (Albritton, Douglas)

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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 TIMELINES’ RESPONSE BRIEF IN OPPOSITION TO FACEBOOK’S MOTION IN LIMINE NO. 5 TO EXCLUDE EVIDENCE REGARDING FACEBOOK’S OVERALL FINANCIAL CONDITION AND NET WORTH Plaintiff/Counter-Defendant Timelines, Inc. (“Timelines” or “Plaintiff”) submits this response brief in opposition to Defendant/Counter-Plaintiff Facebook, Inc.’s (“Facebook”) Motion In Limine No. 5 to exclude evidence, argument, and testimony regarding Facebook’s overall financial condition (“Motion”) and net worth, and states as follows: RESPONSE Facebook’s Motion notes that evidence of a party’s overall financial condition and net worth generally is irrelevant unless exemplary damages are at issue. Of course, these matters also are relevant when the case concerns matters pertaining to finances or net worth. In this matter, Timelines is seeking the revenues and/or profits Facebook has made since it began selling advertising on Facebook Timeline. Facebook has produced certain revenue information, and the parties have designated competing experts to testify about these issues. For this, and the following reasons, Timelines submits that it is premature to rule upon Facebook’s motion: 1. Facebook has listed the financial statements from its 2012 Annual Report (it is a public company) as one of its exhibits. US_ACTIVE-112636515 2. Facebook has listed certain Timelines’ revenue documents (profit and loss statements, and other financial records) on its exhibit list. Timelines is not yet sure what information Facebook contends is relevant from those documents, and wants to make sure that any matters placed at issue can be fairly addressed to and by both sides. CONCLUSION For the foregoing reasons, Timelines respectfully submits that Facebook’s Motion in Limine No. 5 is premature and consideration of these matters should be delayed until they come up, if at all, during trial. DATED: April 15, 2013 Respectfully submitted, TIMELINES, INC., Plaintiff/Counter-Defendant By: /s/_Douglas A. Albritton James T. Hultquist (SBN 6204320) Douglas A. Albritton (SBN 6228734) Michael L. DeMarino (SBN 6298337) Bruce R. Van Baren (SBN 6310375) REED SMITH LLP 10 South Wacker Drive Chicago, IL 60606-7507 Telephone: +1 312 207 1000 Facsimile: +1 312 207 6400 Counsel for Plaintiff/Counter-Defendant Timelines, Inc. -2- CERTIFICATE OF SERVICE I, the undersigned attorney, certify that I electronically filed foregoing document. Pursuant to Rule 5(b)(3) of the Federal Rules of Civil Procedure and Local Rule 5.9, I have thereby electronically served all Filing Users. DATED: April 15, 2013 Respectfully submitted, TIMELINES, INC., Plaintiff/Counter-Defendant By: /s/ Douglas A. Albritton James T. Hultquist (SBN 6204320) Douglas A. Albritton (SBN 6228734) Michael L. DeMarino (SBN 6298337) Bruce R. Van Baren (SBN 6310375) REED SMITH LLP 10 South Wacker Drive Chicago, IL 60606-7507 Telephone: +1 312 207 1000 Facsimile: +1 312 207 6400 Counsel for Plaintiff/Counter-Defendant Timelines, Inc. -3-