Silvers v. Google, Inc.

Filing 20

MOTION by Steven A. Silvers to compel Google to comply with pretrial procedures (Former Deputy Clerk)

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Silvers v. Google, Inc. Doc. 20 Case 9:05-cv-80387-KLR Document 20 Entered on FLSD Docket 09/29/2005 Page 1 of 14 Sep 28 2005 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Palm Beach DIVISION STEVEN A. S ILVERS, an individual, Plaintiff, v. GOOGLES INC., a Delaware corporation, Defendant. __________________________________________ GOOGLES INC., a Delaware corporation, Counterclaimant, v. STEVEN A. SILVERS, an individual; STELOR PRODUCTIONS, INC., a Delaware corporation; STELOR PRODUCTIONS, LLC; a business Entity of unknown form; and STEVEN ESRIG, An individual, Counterdefendants. __________________________________________ CASE NO. 05-80387-CIV (Ryskamp/Vitunac) MOTION TO COMPEL GOOGLE TO COMPLY WITH PRETRIAL PROCEDURES 1. Plaintiff/Counterdefendant, Steven A. Silvers ("Silvers"), requests an Order compelling defendant Google, Inc. ("Google") to comply with this Court's Order of Pretrial Procedures, and states as follows: 2. Silvers filed this trademark infringement action against Google on May 5. 2005. That same day, the Court issued an Order of Pretrial Procedures directing the parties to comply with S.D. Fla. LR 26.1 and 16.1, a copy of which is attached as Exhibit A. Due to preliminary discussions between the parties to explore a way to resolve the matter, the parties agreed that Google would not file its answer until August 8, 2005. Together with its Answer, Google filed a Counterclaim against Silvers and Stelor Productions. 3. 1 of 14 Pursuant to the Order of Pretrial Procedure, on August 18, 2005 the undersigned 1 2525 Ponce de Leon, 9th Floor, Miami, Florida 33134 | Phone 305.372.1800 | Fax 305.372.3508 | kttlaw.com Dockets.Just20pa ia.com Case 9:05-cv-80387-KLR Document 20 Entered on FLSD Docket 09/29/2005 Page 2 of 14 conferred with counsel for Google, Mr. Andrew Bridges, by telephone to prepare a proposed discovery plan and scheduling order. Shortly thereafter, we provided Mr. Bridges with a draft Joint Scheduling Report and Proposed Order, a copy of which is attached as Exhibit B. The undersigned counsel followed up with a telephone call to Mr. Bridges, a later telephone call to Google's local counsel, and finally with written letter seeking to finalize the draft, but did not hear back until September 14, 2005. 4. Later that day in a telephone conversation with Mr. Bridges, we were told that Google wanted to request an extension of time to file the Joint Scheduling Report because of the newly added counter-defendants and counterclaims, and because it planned to request that the Court bifurcate discovery to allow Google, Inc. to litigate one of its defenses to the infringement claim before all other discovery commenced. 1 We agreed not to object to the request to extend the time to file a Joint Scheduling Report provided it was timely filed. We did not, however, agree that bifurcation is needed or warranted, or that it is proper reason to delay submission of the Joint Scheduling Report. 5. We did not receive Google's draft motion for extension of time until September 20, 2005. We requested a few changes and then approved the motion for filing on September 22. Google, however, has not filed the motion. 6. Silvers wants to comply with the Court's May 5, 2005 but has not gained the cooperation of Google. Accordingly, Silvers requests an Order compelling Google to comply with this Court's May 5 Order, and the mandates of Rule 26 and 16 of the Federal Rules of Civil Procedure, and S.D. Fla. LR 26.1 and 16.1, by working with Silvers to finalize and file the Joint Scheduling Report and Proposed Scheduling Order. In the alternative, Silvers requests that the Court accept the Proposed Joint Scheduling Report and enter the Proposed Scheduling Order 1 Counter-defendant Stelor Productions has not yet responded to the Counterclaim. 2 of 14 2 Case 9:05-cv-80387-KLR Document 20 Entered on FLSD Docket 09/29/2005 Page 3 of 14 attached hereto as Exhibit B. Respectfully submitted this 28th day of September, 2005. s/ Gail A. McQuilkin Kenneth R. Hartmann (Fla. Bar #664286) Gail A. McQuilkin (Fla. Bar #969338) KOZYAK TROPIN & THROCKMORTON, P.A. 2525 Ponce de Leon, 9th Floor Miami, Florida 33134 T: 305-372-1800 / F: 305-372-3508 Adam T. Rabin (Fla. Bar #985635) DIMOND KAPLAN & ROTHSTEIN, P.A. 525 S. Flagler Drive, Trump Plaza - Suite 200 West Palm Beach, Florida 33401 T: 561-671-2110 / F: 561-671-1951 =================================================================== CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by E-mail and U.S. mail on this 28th day of September, 2005 upon: Jan Douglas Atlas Adorno & Yoss, LLP 350 East Las Olas Blvd., Suite 1700 Fort Lauderdale, FL 33301-4217 E-mail: jatlas@adorno.com Kevin C. Kaplan, Daniel F. Blonsky and David Zack Burlington Weil Schwiep Kaplan & Blonsky, PA 2699 S. Bayshore Drive, Penthouse A Miami, FL 33133 E-mail: kkaplan@bwskb.com s/ Gail A. McQuilkin 3339/102/257694.1 Andrew P. Bridges Winston & Strawn, LLP 101 California Street, Suite 3900 San Francisco, CA 94111 E-mail: abridges@winston.com 3 of 14 3 Case 9:05-cv-80387-KLR Document 20 Entered on FLSD Docket 09/29/2005 Page 4 of 14 Exhibit A 4 of 14 Case 9:05-cv-80387-KLR Document 20 Entered on FLSD Docket 09/29/2005 Page 5 of 14 5 of 14 Case 9:05-cv-80387-KLR Document 20 Entered on FLSD Docket 09/29/2005 Page 6 of 14 6 of 14 Case 9:05-cv-80387-KLR Document 20 Entered on FLSD Docket 09/29/2005 Page 7 of 14 7 of 14 Case 9:05-cv-80387-KLR Document 20 Entered on FLSD Docket 09/29/2005 Page 8 of 14 Exhibit B 8 of 14 Case 9:05-cv-80387-KLR Document 20 Entered on FLSD Docket 09/29/2005 Page 9 of 14 9 of 14 Case 9:05-cv-80387-KLR Document 20 Entered on FLSD Docket 09/29/2005 Page 10 of 14 10 of 14 Case 9:05-cv-80387-KLR Document 20 Entered on FLSD Docket 09/29/2005 Page 11 of 14 11 of 14 Case 9:05-cv-80387-KLR Document 20 Entered on FLSD Docket 09/29/2005 Page 12 of 14 12 of 14 Case 9:05-cv-80387-KLR Document 20 Entered on FLSD Docket 09/29/2005 Page 13 of 14 13 of 14 Case 9:05-cv-80387-KLR Document 20 Entered on FLSD Docket 09/29/2005 Page 14 of 14 14 of 14

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