Streetspace, Inc v. Google, Inc. et al

Filing 46

Ex Parte MOTION for Leave to File a Sur-Reply to Streetspace's Reply in Support of Motion to Disqualify Counsel by Millennial Media, Inc. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of John Kyle, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C)(Kyle, John) (kaj).

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COOLEY LLP
JOHN S. KYLE (CA 199196)
[e-mail]
4401 Eastgate Mall
San Diego, California 92121
Telephone:
[phone]
Facsimile:
[phone]
FRANK V. PIETRANTONIO (pro hac vice)
[e-mail]
CHRISTOPHER C. CAMPBELL (pro hac vice)
[e-mail]
One Freedom Square
11951 Freedom Drive
Reston, VA 20190-5656
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
MILLENNIAL MEDIA, INC.

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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STREETSPACE, INC.,
Plaintiff,

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v.
GOOGLE INC.; ADMOB, INC.; APPLE
INC.; QUATTRO WIRELESS, INC.; NOKIA
CORPORATION; NOKIA INC.; NAVTEQ
CORPORATION; MILLENNIAL MEDIA,
INC.; JUMPTAP, INC.; and DOES 1 through
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Case No. 3:10-CV-01757-LAB-WMC
MILLENNIAL MEDIA’S EX PARTE
MOTION FOR LEAVE TO FILE A
SUR-REPLY TO STREETSPACE’S
REPLY IN SUPPORT OF MOTION
TO DISQUALIFY COUNSEL
Date:
TBD
Time:
TBD
Courtroom: 9, 2nd Floor
Judge:
Hon. Larry Alan Burns

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Defendants.
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COOLEY LLP
ATTORNEYS AT LAW

MILLENNIAL MEDIA’S NOTICE OF MOTION AND EX
PARTE MOTION FOR LEAVE TO FILE A SUR-REPLY

Case No. 10-cv-1757-LAB-WMC

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NOTICE OF MOTION AND MOTION

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PLEASE TAKE NOTICE that pursuant to Local Rule 83.3(h), Defendant Millennial

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Media, Inc. (“Millennial Media”) submits this ex parte application seeking permission to file a

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sur-reply to address legal and factual error in Streetspace’ Reply in Support of Motion to

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Disqualify Counsel (“Reply”).

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As discussed below, good cause exists for the Court to grant this request, and no

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prejudice will result. This request is based on this notice of motion and motion, the attached

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memorandum of points and authorities and declaration of counsel, the Court’s records in this

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action, and any other material that may properly come before the Court.

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Dated: March 14, 2011

Respectfully submitted,

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/s/ John S. Kyle_________
John Kyle, Esq.

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Counsel for Defendant
Millennial Media, Inc.
Email: [e-mail]

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COOLEY LLP
ATTORNEYS AT LAW

MILLENNIAL MEDIA’S NOTICE OF MOTION AND EX
PARTE MOTION FOR LEAVE TO FILE A SUR-REPLY

1.

Case No. 10-cv-1757-LAB-WMC

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CERTIFICATE OF SERVICE

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The undersigned hereby certifies that a true and correct copy of the above and foregoing

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document has been served on March 11, 2011, to all counsel of record who are deemed to have

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consented to electronic service via the Court’s CM/ECF system per Civil Local Rule 5.4. Any

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counsel of record who have not consented to electronic service through the Court’s CM/ECF

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system will be served by electronic mail, first class mail, facsimile and/or overnight delivery.

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/s/ John Kyle_________
John Kyle, Esq.

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471946 v1/RE

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COOLEY LLP
ATTORNEYS AT LAW

MILLENNIAL MEDIA’S NOTICE OF MOTION AND EX
PARTE MOTION FOR LEAVE TO FILE A SUR-REPLY

2.

Case No. 10-cv-1757-LAB-WMC