Vulcan Golf, LLC v. Google Inc. et al

Filing 205

MOTION by Defendant Google Inc. for leave to file excess pages (Moran, Mariah)

Vulcan Golf, LLC v. Google Inc. et al

Doc. 205

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION VULCAN GOLF, LLC., Individually and on behalf of all Others Similarly Situated, Lead Plaintiff, 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. ) ) ) ) ) ) ) ) ) ) ) ) ) )

No. 07 CV 3371 Honorable Blanche M. Manning Mag. Judge Geraldine Soat Brown

DEFENDANTS' UNOPPOSED MOTION FOR LEAVE TO FILE DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION IN EXCESS OF PAGE LIMITATION Defendant Google Inc., (AGoogle@), by and through its attorneys, and on behalf of Defendants Oversee.Net, Sedo LLC, Dotster, Inc., and Internet Reit, Inc., respectfully moves this Court for leave to file Defendants' Opposition to Plaintiffs' Motion for Class Certification in excess of the page limit stated in Rule 7.1 of the Local Rules for the Northern District of Illinois. In support of this motion, Defendant Google states as follows: 1. On August 21, 2008, Plaintiffs filed a motion requesting leave to file a brief in

excess of the page limitation. Specifically, Plaintiffs requested that they be permitted to file an oversized brief in support of class certification that would be no more than 35 pages. Defendants did not oppose this request. The Court granted Plaintiffs' request at the September 4, 2008 hearing. 2. Plaintiffs' class certification brief raised a host of complex issues that require a

response brief longer than 15 pages. As a result, Defendants seek leave for additional pages for their response brief so that they may be able to properly respond to Plaintiffs' brief and address

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the arguments against class certification. Defendants intend to file a brief within a 35-page limitation. 3. Plaintiffs' counsel, Mark Bulgarelli, has been apprised of the basis of this motion.

Mr. Bulgarelli has informed defense counsel that they can represent to this Court that Plaintiffs do not oppose Defendants' request for additional pages. WHEREFORE, for the foregoing reasons, Defendants Google Inc., respectfully requests that the Court grant Defendants leave to file the Opposition to Plaintiffs' Motion for Class Certification in excess of the page limit stated in Rule 7.1 of the Local Rules for the Northern District of Illinois, up to 35 pages. Respectfully submitted: GOOGLE INC., By: /s/ Michael H. Page Joseph Gratz Keker & Van Nest, LLP San Francisco, CA 94111 [phone] Lead Counsel ­ Admitted Pro Hac Vice Aaron D. Van Oort Faegre & Benson LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402-3901 612-766-8138 Joseph J. Duffy Jonathan M. Cyrluk Mariah E.Moran STETLER & DUFFY, LTD. 11 South LaSalle Street, Suite 1200 Chicago, IL 60603 [phone] Mariah E. Moran One of Google Inc.=s Attorneys

CERTIFICATE OF SERVICE I, Mariah E. Moran, counsel of record for Defendant Google Inc., certify that on September 10, 2008, Defendants' Unopposed Motion for Leave to File Defendants' Opposition to Plaintiffs' Motion for Class Certification In Excess of Page Limitation was served on counsel of record via the court's electronic filing system.

/s/ Mariah E. Moran One of Google Inc.=s Attorneys