Bedrock Computer Technologies, LLC v. Softlayer Technologies, Inc. et al

Filing 567

MOTION for Relief from Trial in Observance of Passover Holiday by Google Inc., Match.Com LLC. (Attachments: # 1 Text of Proposed Order)(Jones, Michael)

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Bedrock Computer Technologies, LLC v. Softlayer Technologies, Inc. et al Doc. 567 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION BEDROCK COMPUTER TECHNOLOGIES LLC, Plaintiff, v. SOFTLAYER TECHNOLOGIES, INC., et al. Defendants. ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 6:09-CV-00269 JURY TRIAL DEMANDED MOTION FOR RELIEF FROM TRIAL IN OBSERVANCE OF PASSOVER HOLIDAYS Defendants Google Inc. and Match.com, LLC hereby file this Motion for Relief from Trial in Observance of Passover Holidays and would respectfully show the Court as follows: 1. Evette Pennypacker and Claude Stern, counsel for Defendants Google Inc. and Match.com, LLC, celebrate Passover in the conservative Jewish tradition. As a result, in order to adhere to their traditional beliefs they request that trial in this matter not occur on the dates of April 18, 2011, April 19, 2011, April 20, 2011, and April 21, 2011. They wish to include April 18, 2011 in the excluded dates so they can travel to their homes and be with their families for the first evening meal, which is referred to as a "seder." (There is a second seder on the evening of April 19. Both the 19th and 20th are holidays, in which traditionally Jews go to temple in the morning of each holiday and do not go to work.) Mr. Stern is married and has two sons, 15 and 17, and lives in Palo Alto, California, and has never missed a Passover holiday with his family. Ms. Pennypacker is married and has three {A07\7713\0011\W0461869.4 } Dockets.Justia.com children, ages 9, 11, and 13, lives in Cupertino, California, and for 7 years has never missed a Passover holiday with her family. In the Jewish tradition, the Passover celebration is one of the holiest and most important of all holidays. 2. Ms. Pennypacker and Mr. Stern have checked flights from California to Texas, and it appears that there is no flight schedule that they can take after sundown on the evening of April 20th (after the second Passover day is completed) that will allow them to get to Tyler, Texas to participate in trial on April 21. Accordingly, they are also requesting the trial not occur on April 21, 2011. 3. All of the remaining Defendants agree to this request. Plaintiff agrees to this request with regard to the dates of April 19, 2011 and April 20, 2011 but does not agree with the request to the extent it involves the date of April 18, 2011 or April 21, 2011. 4. The inventor and corporate witness for the Plaintiff, Dr. Richard Nemes, observes Passover in the Orthodox Jewish tradition. Plaintiff has told Defendants that he requests that trial not occur on the dates of April 19, 2011, April 20, 2011, April 25, 2011, and April 26, 2011 so that he may observe Passover in accordance with his faith. Defendants all agree to this request of the Plaintiff and Plaintiff has indicated it will file an agreed Motion concerning these dates. WHEREFORE, PREMISES CONSIDERED, Google Inc. and Match.com, LLC request that the trial in this matter not occur on the dates set forth above. {A07\7713\0011\W0461869.4 } Dated: March 11, 2011 Respectfully submitted, /s/ Michael E. Jones Michael E. Jones State Bar No. 10929400 Allen Gardner State Bar No. 24043679 Patrick C. Clutter State Bar No. 24036374 Potter Minton, P.C. 110 N. College Ave., Ste. 500 Tyler, Texas 75702 Tel: (903) 597-8311 Fax: (903) 593-0846 mikejones@potterminton.com allengardner@potterminton.com patrickclutter@potterminton.com Claude M. Stern claudestern@quinnemanuel.com Evette D. Pennypacker evettepennypacker@quinnemanuel.com Henry Lien henrylien@quinnemanuel.com Quinn Emanuel Urquhart & Sullivan 555 Twin Dolphin Dr., 5th Floor Redwood Shores, CA 94065 650/801-5002 Fax: 650-801-5100 Antonio Sistos antoniosistos@quinnemanuel.com Todd M. Briggs toddbriggs@quinnemanuel.com Quinn Emanuel Urquhart & Sullivan LLP 50 California Street, 22nd Floor San Francisco, CA 94111 415/875-6600 Fax: 415/875-6700 ATTORNEYS FOR DEFENDANT GOOGLE INC. AND MATCH.COM, LLC. {A07\7713\0011\W0461869.4 } CERTIFICATE OF SERVICE The undersigned hereby certifies that all counsel of record who are deemed to have consented to electronic service are being served with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3) on March 11, 2011. Any other counsel of record will be served by First Class U.S. mail on this same date. /s/ Michael E. Jones Michael E. Jones CERTIFICATE OF CONFERENCE I hereby certify I have met and conferred on numerous occasions with Plaintiff counsel, Jason Cassady, regarding the relief sought in this motion and Mr. Cassady has indicated that he does not agree to the entire relief sought in this motion. /s/ Michael E. Jones Michael E. Jones {A07\7713\0011\W0461869.4 }