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

Filing 571

MOTION to Expedite the Briefing Schedule Regarding AOL & MySpace's Sealed Emergency Motion for a Separate Trial by AOL Inc, MySpace Inc.. (Attachments: # 1 Text of Proposed Order)(Dacus, Deron)

Bedrock Computer Technologies, LLC v. Softlayer Technologies, Inc. et al Doc. 571 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION Bedrock Computer Technologies LLC, Plaintiff, v. Softlayer Technologies, Inc., et al., Defendants. Case No. 6:09-CV-269-LED JURY TRIAL DEMANDED DEFENDANTS AOL AND MYSPACE'S MOTION TO EXPEDITE THE BRIEFING SCHEDULE REGARDING ITS EMERGENCY MOTION FOR A SEPARATE TRIAL PURSUANT TO MAGISTRATE JUDGE LOVE'S TRIAL PLAN ORDER Defendants AOL Inc. ("AOL") and MySpace Inc. ("MySpace") respectfully file this Motion to Expedite the Briefing Schedule Regarding its Motion for a Separate Trial Pursuant to Magistrate Judge Love's Trial Plan Order ("Motion for a Separate Trial"). Plaintiff Bedrock Computer Technologies, LLC ("Bedrock") opposes this Motion. AOL and MySpace request an expedited ruling on the Motion for a Separate Trial for the reasons set forth in that Motion. An expedited briefing schedule is also warranted to provide the Court and the Parties with a trial plan so that the Parties may appropriately prepare for the upcoming trial. The outcome of that Motion has the potential to affect not only AOL, MySpace, and Bedrock, but also the other five Defendants in this case. Furthermore, this Motion has been timely filed because Bedrock only made its trial election pursuant to Magistrate Judge Love's Trial Plan Order on March, 10, 2011 (Dkt. No. 563). Therefore, AOL requests that the Court order the following expedited briefing schedule concerning AOL and MySpace's Motion for a Separate Trial: 1 Dockets.Justia.com March 16, 2011: March 18, 2011: March 21, 2011: Bedrock's Response AOL and MySpace's Reply, as needed Bedrock's Surreply, as needed For the foregoing reasons, the Court should grant AOL and MySpace's Motion to Expedite the Briefing Schedule. Respectfully submitted, this the 11th day of March, 2011. /s/ Deron Dacus Deron R. Dacus Texas Bar No. 00790553 derond@rameyflock.com Ramey & Flock, P.C. 100 E. Ferguson, Suite 500 Tyler, Texas 75702 Telephone: (903) 597-3301 Facsimile: (903) 597-2413 Frank G. Smith frank.smith@alston.com ALSTON & BIRD LLP One Atlantic Center 1201 West Peachtree Street Atlanta, GA 30309 Telephone: (404) 881-7240 Facsimile: (404) 256-8184 Alan L. Whitehurst alan.whitehurst@alston.com Marissa R. Ducca marissa.ducca@alston.com ALSTON & BIRD LLP The Atlantic Building 950 F Street, N.W. Washington, DC 20004 Telephone: (202) 756-3300 Facsimile: (202) 756-3333 2 Louis A. Karasik (pro hac vice) lou.karasik@alston.com Rachel Capoccia rachel.capoccia@alston.com ALSTON & BIRD LLP 333 South Hope Street 16th Floor Los Angeles, CA 90071 Telephone: (213) 576-1148 Facsimile: (213) 576-1100 Attorneys for Defendants AOL Inc. and MySpace, Inc. CERTIFICATE OF CONFERENCE Counsel for AOL and MySpace conferred via electronic mail and on the telephone with counsel for Bedrock concerning this Motion to Expedite the Briefing Schedule. Bedrock opposes this Motion. /s/ Deron Dacus Deron R. Dacus CERTIFICATE OF SERVICE This is to certify 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 this 11th day of March, 2011. Any other counsel of record will be served by first class mail. /s/ Deron Dacus Deron R. Dacus 3