Curtis Neeley, Jr. v. NameMedia, et al

Filing 21

JOINT MOTION (NameMedia,Network Solutions & Google) for stay or in the alternative for extension of time to file brief until 09/13/2010, filed by Mr. John Mark Scott for Appellee Network Solutions and Mr. Brooks C. White for Appellee NameMedia. w/service 08/03/2010. [3689972] [10-2255] (JMS)

Curtis Neeley, Jr. v. NameMedia, et al

Doc. 21

IN THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT CURTIS J. NEELEY, JR. VS. NAMEMEDIA, INC.; NETWORK SOLUTIONS, INC.; and GOOGLE, INC. NO. 10-2255 APPELLANT

APPELLEES

APPELLEES' JOINT MOTION FOR STAY, OR IN THE ALTERNATIVE, EXTENSION OF TIME TO FILE APPELLEES' BRIEF PURSUANT TO EIGHTH CIRCUIT RULE 27(B)(a)(2) Come now Appellees, NameMedia, Inc. ("NameMedia"), Network Solutions, LLC ("Network Solutions"), and Google Inc. ("Google"), and for their Joint Motion for Stay, or in the Alternative, Extension of Time to File Appellees' Brief Pursuant to Eighth Circuit Rule 27(B)(a)(2), state: 1. Appellees previously filed their Joint Motion to Dismiss Interlocutory Appeal

("Joint Motion to Dismiss"). Therein, Appellees demonstrate that Appellant, Curtis J. Neeley, Jr. ("Neeley"), has filed an improper interlocutory appeal in the captioned matter which must be dismissed. 2. On July 16, 2010, the Court held the Joint Motion to Dismiss in abeyance pending

the filing of Neeley's Corrected Brief. Neeley filed his Corrected Brief on or about July 27, 2010. There is no substantive difference in the Corrected Brief which would save the premature and improper nature of Neeley's appeal. 3. Appellees respectfully ask that the Court take up the Joint Motion to Dismiss and

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otherwise stay Appellees' briefing schedule in this appeal until such time as the Joint Motion to Dismiss is resolved. 4. In the event the Joint Motion to Dismiss is granted, the issues on appeal will be

moot. Appellees respectfully submit that requiring them to fully research and brief the issues in the meantime would be inefficient and contrary to the interests of justice prior to the Court's consideration of the Joint Motion to Dismiss. 5. Appellees therefore request that the Court stay the current briefing schedule until

such time as it rules upon the Joint Motion to Dismiss. If the Motion to Dismiss is denied, Appellees respectfully request twenty-one (21) days from the date thereof to finalize their Appellee's Briefs. 6. In the alternative, Appellees request an extension of time of not less than twenty-

one (21) days beyond their current deadline of August 23, 2010 in which to file their Briefs in the above-captioned matter, which would make the same due on or about September 13, 2010. 7. Appellees have not previously sought or received an extension of the current

deadline of August 23, 2010. 8. This Motion is being submitted in good faith, in the interests of justice, and not

for the purpose of delay or any other improper purpose. WHEREFORE, Appellees, NameMedia, Inc., Network Solutions, LLC, and Google Inc., respectfully request that the Court grant their Motion and stay the briefing schedule in the abovecaptioned matter or, in the alternative, extend by 21 days the current deadline for their Appellees' Briefs in this appeal.

[signatures on following page]

Respectfully submitted, NAMEMEDIA, INC., Appellee By: /s/ Brooks C. White H. William Allen Brooks C. White Allen Law Firm 212 Center Street, 9th Floor Little Rock, AR 72201 NETWORK SOLUTIONS, LLC, Appellee By: /s/ John M. Scott Robert L. Jones, III, AR Bar #69041 John M. Scott, AR Bar #97202 Kerri E. Kobbeman, AR Bar #2008149 CONNER & WINTERS, LLP 211 E. Dickson Street Fayetteville, AR 72701 [phone] ­ Telephone [phone] ­ Facsimile

GOOGLE INC., Appellee By: /s/ Joshua R. Thane Jennifer H. Doan Joshua R. Thane Haltom & Doan Crown Executive Center, Suite 100 6500 Summerhill Rd. Texarkana, TX 75503

CERTIFICATE OF SERVICE I hereby certify that on August 3, 2010, I electronically filed the foregoing with the Clerk of the Court for the United States Court of Appeals for the Eighth Circuit by using the CM/ECF system. Participants in the case who are registered CM/ECF users will be served by the CM/ECF system. /s/ John M. Scott John M. Scott