Specht et al v. Google Inc et al

Filing 140

MOTION by Counter Claimant Google Inc for protective order and Memorandum in Support Thereof (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Finn, Herbert)

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Court Reporter: vs.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

ERICH SPECHT, et al., Plaintiffs,

GOOGLE, INC., et al., Defendants.

) ) ) ) ) ) ) ) )

No. 09 C 2572 Chicago, Illinois October 13, 2009 9:30 o'clock a.m.

TRANSCRIPT OF PROCEEDINGS - MOTION BEFORE THE HONORABLE HARRY D. LEINENWEBER APPEARANCES:

For the Plaintiffs:

NOVACK & MACEY MR. JOHN F. SHONKWILER 100 North Riverside Plaza Chicago, IL 60606 312-419-6900

For the Defendant, Google, Inc.:

GREENBERG TRAURIG, LLP MR. HERBERT H. FINN 77 West Wacker Drive Chicago, Illinois 60601 312-456-8400

FEDERAL OFFICIAL COURT REPORTER MS. KRISTA BURGESON 219 South Dearborn Street Chicago, Illinois 60604 312-435-5567 [e-mail]

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THE CLERK: 09 C 2572, Specht versus Google. MR. SHONKWILER: Good morning, your Honor. John Shonkwiler for the plaintiffs. MR. FINN: Good morning, your Honor. Herbert Finn on behalf of defendant, Google. MR. SHONKWILER: Your Honor, we are here this morning on the plaintiff's motion to dismiss counterclaims. I have been informed by Mr. Finn that they may be amending their counterclaims, however, as part of their -- the answer, et cetera, that they plan to file to our second amended complaint, which you may recall was filed the same day as our motion to dismiss counterclaims. I will let Mr. Finn address that. MR. FINN: Your Honor, as counsel represented, they filed a second amended complaint about a week ago that will require responsive pleadings. So, we are suggesting that the Court dismiss without prejudice, or plaintiffs withdraw, the motion to dismiss until they see our responsive pleadings with the counterclaims in them. MR. SHONKWILER: Well, your Honor, we would agree that if they amended their counterclaims, our motion would become moot and we would file -- we would ask for 28 days thereafter to file a response. However, if they don't amend their counterclaims, the motion to dismiss their counterclaims

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is good, and it should stay on file, and there is no reason to dismiss it. THE COURT: When are you filing this? MR. FINN: Whatever the time period allows. I believe it is the 22nd, 23rd, somewhere in there. That is the response date to the second amended complaint. MR. SHONKWILER: That sounds right, October 23rd. THE COURT: Well, it will save you from redrafting it if they don't make any changes. I will continue your motion, or we will set a status, shortly thereafter. THE CLERK: October 27th at 9:00. MR. FINN: At 9:00? THE CLERK: Yes. THE COURT: I will continue the motion to dismiss over to that date, and then we will see if it is moot or not moot. MR. FINN: Very good. Thank you, your Honor. MR. SHONKWILER: Thank you, your Honor. (Proceedings concluded.)

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CERTIFICATE

I certify that the foregoing is a correct transcript from the record of proceedings in the above-entitled matter.

/s/Krista Burgeson, CSR, RMR, CRR Federal Official Court Reporter

October 13, 2009 Date