Vulcan Golf, LLC v. Google Inc. et al

Filing 231

MOTION by Plaintiffs John B. Sanfilippo & Son, Inc., Blitz Realty Group, Inc., Vincent E Jackson, Vulcan Golf, LLC for leave to file A Response to Defendants' Sur-Reply (Attachments: # 1 Exhibit A)(Foote, Robert)

Vulcan Golf, LLC v. Google Inc. et al

Doc. 231

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

VULCAN GOLF, LLC, JOHN B. SANFILLIPPO & SON, INC., BLITZ REALTY GROUP, INC., and VINCENT E. "BO" JACKSON, individually and on behalf of all others similarly situated,

§ § § § § § Lead Plaintiff, § § v. § § GOOGLE INC., OVERSEE.NET, § SEDO LLC, DOTSTER, INC., a/k/a § REVENUEDIRECT.COM, § INTERNET REIT, INC. d/b/a IREIT, INC., § and JOHN DOES I-X, § § Defendants. §

Civil Action No.: 07-C-3371 Hon. Blanche M. Manning

Magistrate Geraldine Soat Brown

PLAINTIFFS' MOTION FOR LEAVE TO FILE A RESPONSE TO DEFENDANTS' SUR-REPLY 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 for their Motion for Leave to File a Response to Defendants' Sur-Reply, state as follows: 1. On August 21, 2008, plaintiffs filed their Motion for Class Certification. 2. On September 11, 2008, defendants filed their Consolidated Opposition to Plaintiffs' Motion for Class Certification. 3. On September 25, 2008, plaintiffs filed their Reply in Support of Motion for Class Certification, which proposed new sub-classes in response to certain of defendants' arguments. 4. On September 29, 2008, recognizing that the sub-classes have been proposed for the first time in the reply, this Court ordered defendants to file a consolidated sur-reply.

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5. On October 15, 2008, defendants filed their 23-page Consolidated Sur-Reply to Plaintiffs' Motion for Class Certification (the "Sur-Reply"), which contained several new arguments regarding the proposed sub-classes. 6. As Plaintiffs bear the burden of proof and persuasion, they are entitled to address defendants' new arguments and to have the last word on their motion. 7. Defendants would not be unfairly prejudiced by the Court granting Plaintiffs' leave to file a response to Defendants' Sur-Reply brief in regards to Plaintiffs' Motion for Class Certification. 8. Plaintiffs have attached hereto as Exhibit A a proposed brief of nine (9) pages in length. WHEREFORE, plaintiffs hereby move this Honorable Court to enter an Order allowing the following relief: 1. Granting leave to plaintiffs to file the attached Response to Defendants' Consolidated Sur-Reply; and 2. Any other relief as appropriate and just.

Dated: October 21, 2008 By:

FOOTE, MEYERS, MIELKE & FLOWERS, LLC /s/ Robert M. Foote Robert M. Foote, Esq. Craig S. Mielke, Esq. Matthew J. Herman, Esq. Stephen W. Fung, Esq. Mark A. Bulgarelli, Esq. Foote, Meyers, Mielke & Flowers, LLC 28 North First St., Suite 2 Geneva, IL 60134 Tel. No.: [phone]

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Kathleen C. Chavez, Esq. 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. Dom J. Rizzi, Esq. Cafferty Faucher LLP 30 North LaSalle Street Suite 3200 Chicago, IL 60602 Attorneys for Plaintiffs

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CERTIFICATE OF SERVICE I hereby certify that on October 21, 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] 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]

Kenneth P. Held [e-mail] Steven Borgman [e-mail] [e-mail] [e-mail] [e-mail]

Bradley L. Cohn [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]

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William J. Harte [e-mail] [e-mail] Scott Ryan Wiehle [e-mail]

Dana Marie Pesha [e-mail] [e-mail] Aaron Van Oort [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] R. Adam Lauridsen [e-mail] Vincent V. Carissimi [e-mail] Robert J. Hickok [e-mail] Daralyn J. Durie [e-mail]

/s/Robert M. Foote

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