Vulcan Golf, LLC v. Google Inc. et al

Filing 169

RESPONSE by Vulcan Golf, LLC to MOTION by Defendants Internet Reit, Inc., Google Inc., Oversee.Net, Sedo LLC, Dotster, Inc. to dismiss (CONSOLIDATED) the Third Amended Class Action Complaint 165 (Attachments: # 1 Motion)(Foote, Robert)

Vulcan Golf, LLC v. Google Inc. et al

Doc. 169 Att. 1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

§ § § § § § Civil Action No. 07 CV 3371 § Lead Plaintiffs, § § Honorable Blanche M. Manning v. § § Magistrate Judge Geraldine Soat Brown 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. § PLAINTIFFS' AGREED MOTION FOR LEAVE TO FILE INSTANTER BRIEF IN EXCESS OF PAGE LIMITATION NOW COME Plaintiffs, Vulcan Golf, LLC, John B. Sanfilippo & Son, Inc., Blitz Realty Group, Inc., and Vincent E. "Bo" Jackson, by and through their attorneys, and as for their Agreed Motion for Leave to File Instanter Brief in Excess of Page Limitation, state as follows: 1. On April 30, 2008, this Court granted Defendants' motion for leave to file a brief

VULCAN GOLF, LLC, JOHN B. SANFILIPPO & SON, INC., BLITZ REALTYGROUP, INC., and VINCENT E. "BO" JACKSON, Individually and on Behalf of All Others Similarly Situated,

in excess of 15 pages. Defendants' requested this Court allow Defendants to file a brief of "no more than thirty-five (35) pages to support their Consolidated Motion to Dismiss the Third Amended Complaint." (A copy of the Court's April 30, 2008 Order is attached as Exhibit A.) 2. On May 2, 2008, Defendants filed a consolidated Motion to Dismiss the Third

Amended Class Action Complaint and a Memorandum in Support of its Consolidated Motion to Dismiss the Third Amended Class Action Complaint.

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3.

The total number of pages in Defendants' Memorandum in Support of its

Consolidated Motion to Dismiss the Third Amended Class Action Complaint is thirty-two (32) pages. 4. Given the total length of Defendants' Memorandum in Support of its

Consolidated Motion to Dismiss the Third Amended Class Action Complaint, Plaintiffs will require additional pages to properly address all arguments asserted by Defendants. 5. Defendants have agreed to allow Plaintiffs to file a response to Defendants'

consolidated Motion to Dismiss the Third Amended Class Action Complaint the same length as Defendants' Memorandum in Support of its Consolidated Motion to Dismiss the Third Amended Class Action Complaint. 6. Plaintiffs file this Motion in accordance with United States District Court,

Northern District of Illinois Local Rule 7.1. 7. Accordingly, Plaintiffs request leave to file a thirty-two (32) page response to

Defendants' Consolidated Motion to Dismiss, equaling the total number of pages (32) of Defendants' Memorandum in Support of its Consolidated Motion to Dismiss the Third Amended Class Action Complaint. 8. Defendants would not be unfairly prejudiced by the Court granting Plaintiffs

leave to file a brief totaling thirty-two (32) pages. WHEREFORE, Plaintiffs hereby move this Honorable Court to enter an Order allowing the following relief: 1. Granting leave to Plaintiffs to file a Response to Defendants' Consolidated Motion to Dismiss totaling thirty-two (32) pages, instanter; 2. Any other relief as appropriate and just.

Dated: May 16, 2008

FOOTE, MEYERS, MIELKE & FLOWERS, LLC By: /s/ Robert M. Foote Robert M. Foote, Esq. (#03214325) Stephen W. Fung, Esq. (#06289522) Mark A. Bulgarelli, Esq. (#06284703) Foote, Meyers, Mielke & Flowers, LLC 28 North First St., Suite 2 Geneva, IL 60134 Tel. No.: [phone] Fax No.: [phone] Kathleen C. Chavez, Esq. (#6255735) Chavez Law Firm, P.C. 28 North First St., Suite 2 Geneva, IL 60134 William J. Harte, Esq. Dana Pesha, Esq. William J. Harte, Ltd. 111 West Washington Street, Suite 1100 Chicago, IL 60602 Benjamin G. Edelman, Esq. Law Office of Benjamin Edelman 27a Linnaean Street Cambridge, MA 02138 Tel. No.: [phone] Bryan L Clobes, Esq. Cafferty Faucher, LLP 1717 Arch Street Suite 3610 Philadelphia, PA 19103 Nyran Rose Pearson, Esq. Dominic J. Rizzi, Esq. Cafferty Faucher LLP 30 North LaSalle Street Suite 3200 Chicago, IL 60602 Attorneys for Plaintiffs

EXHIBIT A

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION VULCAN GOLF, LLC, JOHN B. SANFILIPPO & SONS, INC., BLITZ REALTY GROUP, INC., and VINCENT E. "BO" JACKSON, Individually and on Behalf of All Others Similarly Situated, ) ) ) ) ) ) Civil Action No. 07 CV 3371 ) Lead Plaintiffs, ) ) Honorable Blanche M. Manning v. ) ) Magistrate Judge Geraldine Soat Brown 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. ) CERTIFICATE OF SERVICE I hereby certify that on May 16, 2008, I electronically filed the foregoing document with the clerk of court for the U. S. District Court, Northern District of Illinois, using the electronic case filing system of the court. The electronic case filing system sent a "Notice of Electronic Filing" to the following attorneys of record who have consented in writing to accept this Notice as service of this document by electronic means: Brett A. August [e-mail] Michael H. Page [e-mail] Mariah Moran [e-mail] [e-mail] Janelle M. Carter [e-mail] [e-mail] Kenneth P. Held [e-mail] Steven Borgman [e-mail] [e-mail] [e-mail] [e-mail]

Bradley L. Cohn [e-mail]

Alison Conlon [e-mail] [e-mail] [e-mail] Joseph Gratz [e-mail] Alexis Payne [e-mail] Jeffrey Singer [e-mail] Anastasios Foukas [e-mail] Michael R. Dockterman [e-mail] [e-mail] [e-mail] William J. Harte [e-mail] [e-mail] Scott Ryan Wiehle [e-mail] Adam Lauridsen [e-mail] Henry Baskerville [e-mail]

Jonathan M. Cyrluk [e-mail] [e-mail]

Misty Martin [e-mail] Ronald Rothstein [e-mail] [e-mail] [e-mail]

Scott R. Wiehle [e-mail] Joseph Duffy [e-mail] [e-mail] [e-mail] Dana Marie Pesha [e-mail] [e-mail] Aaron Van Oort [e-mail] Marlon Emile Lutfiyya [e-mail] Thomas Wiegand [e-mail]

I certify that I have served the foregoing document by emailing a copy to the following individuals: Steven Atlee [e-mail] Joanna J. Cline [e-mail] Vincent V. Carissimi [e-mail] Robert J. Hickok [e-mail]

/s/Robert M. Foote