Vulcan Golf, LLC v. Google Inc. et al

Filing 162

MOTION by Defendants Internet Reit, Inc., Google Inc., Oversee.Net, Sedo LLC, Dotster, Inc. for leave to file excess pages (AGREED) (Conlon, Alison)

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Vulcan Golf, LLC v. Google Inc. et al Doc. 162 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION VULCAN GOLF, LLC, JOHN B. SANFILIPPO & SON, INC., BLITZ REALTY GROUP, INC., and VINCENT E. "BO" JACKSON, Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. GOOGLE INC., OVERSEE.NET, SEDO LLC, DOTSTER, INC., AKA REVENUEDIRECT.COM, INTERNET REIT, INC. d/b/a IREIT, INC., and JOHN DOES I-X, Defendants. : : : : : : : : : : : : : : : : : : Case No. 07 CV 3371 Judge Manning Magistrate Judge Brown DEENDANTS' AGREED JOINT MOTION FOR LEAVE TO FILE BRIEF IN EXCESS OF PAGE LIMITATION Defendants Google, Inc.,, Sedo LLC, Dotster, Inc., aka, and Internet Reit, Inc. d/b/a Ireit, Inc. (collectively "Defendants"), by their attorneys, jointly move this Honorable Court for leave to file a Memorandum in Support of their Consolidated Motion to Dismiss Plaintiffs' Third Amended Complaint, as contemplated in the Court's April 14, 2008 Order, that does not exceed thirty-five (35) pages. Plaintiffs have agreed to this motion. In support of the motion, Defendants state: 1. Plaintiffs filed their initial Complaint on June 15, 2007, asserting claims for RICO violations, trademark infringement, cybersquatting, and related state law claims. After Defendants individually moved to dismiss the Complaint, Plaintiffs were given leave to file an amended complaint. Their First Amended Complaint ("FAC") added claims for vicarious trademark infringement and civil conspiracy. Defendants filed a Consolidated Motion to Dismiss the RICO counts, the Illinois Consumer Fraud and Deceptive Trade Practices Act ("ICFDTPA") count, the declaratory judgment count, the unjust enrichment count, and the count for civil conspiracy. Individual defendants also moved separately to dismiss the other counts. 2. On March 20, 2008, the Court issued a Memorandum & Order granting Defendants' Motion to Dismiss the RICO counts, the count for trademark infringement as to Plaintiff Jackson, the dilution of trademark count as to Plaintiff Blitz, the ICFDTPA count, the declaratory judgment count, the count for intentional interference with current economic advantage, and the counts for unjust enrichment and civil conspiracy, with leave to replead. 3. On April 14, 2008, Plaintiffs sought leave to file a Second Amended Complaint that included the same declaratory judgment count that had been dismissed. The Court ordered Plaintiffs to file a Third Amended Complaint without the declaratory judgment count. Plaintiffs filed their Third Amended Complaint ("TAC") on April 18. The TAC re-alleges the same counts as the FAC, minus the counts for violation of the ICFDTPA and declaratory judgment, and with an additional RICO count under 18 U.S.C. 1962(a). All told, the TAC consists of 478 allegations spanning 110 pages and alleging thirteen (13) counts against the five Defendants. 4. After Defendants indicated that they would move to dismiss repleaded claims in the TAC, the Court ordered on April 14, 2008 that Defendants "shall make every effort to file a consolidated motion to dismiss." Defendants are prepared to file a Consolidated Motion to Dismiss and a supporting memorandum of law on May 2, 2008 pursuant to the Court's order. 5. Due to the length of the Complaint, the number of Defendants represented in a Consolidated Motion, and the complexity of the legal issues involved as demonstrated in the prior round of briefing, Defendants respectfully request that they be given leave to exceed the fifteen (15) page limit set forth in Local Rule 7.1 so that they may file a memorandum of law of no more than thirty-five (35) pages. 6. Plaintiffs' counsel has agreed to this request. WHEREFORE, Defendants respectfully request that this Court allow them leave to file a memorandum of no more than thirty-five (35) pages to support their Consolidated Motion to Dismiss the Third Amended Complaint. Respectfully submitted, __/s/_Alison C. Conlon_______________ One of the Attorneys for Dotster, Inc. Michael Dockterman Alison C. Conlon Wildman, Harrold, Allen & Dixon LLP 225 West Wacker Drive, Suite 2800 Chicago, Illinois 60606-1229 2 Vincent V. Carissimi Robert L. Hickok Joanna J. Cline Pepper Hamilton LLP 3000 Two Logan Square, 18th & Arch Streets Philadelphia, Pennsylvania 19103-2799 _/s/ Mariah E. Moran___ _______________ One of the Attorneys for Google, Inc. Joseph J. Duffy Jonathan M. Cyrluk Mariah E. Moran Stetler & Duffy, Ltd. 11 South LaSalle Street, Suite 1200 Chicago, Illinois 60603 Michael H. Page Joseph C. Gratz Keker & Van Nest LLP 710 Sansome Street San Francisco, California 94111-1704 Aaron D. Van Oort Faegre & Benson LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402 __/s/_Jeffrey Singer____ _______________ One of the Attorneys for Sedo, LLC Jeffrey Singer Misty R. Martin Segal McCambridge Singer & Mahoney Sears Tower 233 South Wacker Drive, Suite 5500 Chicago, Illinois 60606 __/s/_Thomas J. Wiegand _______________ One of the Attorneys for Thomas J. Wiegand Winston & Strawn LLP 35 West Wacker Drive Chicago, Illinois 60601 Andrew P. Bridges Winston & Strawn LLP 101 California Street, Suite 3900 San Francisco, California 94111 Steven D. Atlee Winston & Strawn LLP 333 South Grand Avenue, 38th Floor Los Angeles, California 90071 _/s/_Brett A. August______ _______________ One of the Attorneys for Internet Reit, Inc. Brett A. August Alexis E. Payne Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP 311 South Wacker Drive, Suite 5000 Chicago, Illinois 60613 Steven R. Borgman Kenneth P. Held Vinson & Elkins LLP First City Tower 1001 Fannin Street, Suite 2300 Houston, Texas 77002-6760 Dated: April 28, 2008 3 CERTIFICATE OF SERVICE The undersigned certifies that on April 28, 2008, a true and correct copy of the foregoing Defendants' Agreed Joint Motion For Leave To File Brief In Excess Of Page Limitation was electronically filed with the Clerk of the Court for the Northern District of Illinois using the CM/ECF system. Notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's CM/ECF system. __/s/ Alison C. Conlon___________________ Alison C. Conlon (6272083) Wildman, Harrold, Allen & Dixon LLP 225 West Wacker Drive, Suite 2800 Chicago, Illinois 60606-1229 Phone: (312) 201-2000 Fax: (312) 201-2555 Attorney for Dotster, Inc., aka 4

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