TimesLines, Inc v. Facebook, Inc.

Filing 163

RESPONSE by TimesLines, Inc to MOTION by Counter Claimant Facebook, Inc., Defendant Facebook, Inc.in limine No. 5: To Exclude Evidence, Testimony, and Argument Relating to Facebook, Inc.'s Overall Financial Condition and Net Worth 139 (Albritton, Douglas)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
TIMELINES, INC.
Plaintiff/Counter-Defendant,
v.
FACEBOOK, INC.
Defendant/Counter-Plaintiff.

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Civil Action No.: 11 CV 6867
HONORABLE JOHN W. DARRAH
Jury Trial Demanded

TIMELINES’ RESPONSE BRIEF IN OPPOSITION TO FACEBOOK’S
MOTION IN LIMINE NO. 5 TO EXCLUDE EVIDENCE REGARDING FACEBOOK’S
OVERALL FINANCIAL CONDITION AND NET WORTH
Plaintiff/Counter-Defendant Timelines, Inc. (“Timelines” or “Plaintiff”) submits this
response brief in opposition to Defendant/Counter-Plaintiff Facebook, Inc.’s (“Facebook”)
Motion In Limine No. 5 to exclude evidence, argument, and testimony regarding Facebook’s
overall financial condition (“Motion”) and net worth, and states as follows:
RESPONSE
Facebook’s Motion notes that evidence of a party’s overall financial condition and net
worth generally is irrelevant unless exemplary damages are at issue. Of course, these matters
also are relevant when the case concerns matters pertaining to finances or net worth. In this
matter, Timelines is seeking the revenues and/or profits Facebook has made since it began
selling advertising on Facebook Timeline. Facebook has produced certain revenue information,
and the parties have designated competing experts to testify about these issues. For this, and the
following reasons, Timelines submits that it is premature to rule upon Facebook’s motion:
1.

Facebook has listed the financial statements from its 2012 Annual Report (it is a

public company) as one of its exhibits.

US_ACTIVE-112636515

2.

Facebook has listed certain Timelines’ revenue documents (profit and loss

statements, and other financial records) on its exhibit list. Timelines is not yet sure what
information Facebook contends is relevant from those documents, and wants to make sure that
any matters placed at issue can be fairly addressed to and by both sides.
CONCLUSION
For the foregoing reasons, Timelines respectfully submits that Facebook’s Motion in
Limine No. 5 is premature and consideration of these matters should be delayed until they come
up, if at all, during trial.
DATED: April 15, 2013

Respectfully submitted,
TIMELINES, INC.,
Plaintiff/Counter-Defendant
By: /s/_Douglas A. Albritton
James T. Hultquist (SBN 6204320)
Douglas A. Albritton (SBN 6228734)
Michael L. DeMarino (SBN 6298337)
Bruce R. Van Baren (SBN 6310375)
REED SMITH LLP
10 South Wacker Drive
Chicago, IL 60606-7507
Telephone: [phone]
Facsimile: [phone]
Counsel for Plaintiff/Counter-Defendant
Timelines, Inc.

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CERTIFICATE OF SERVICE
I, the undersigned attorney, certify that I electronically filed foregoing document.
Pursuant to Rule 5(b)(3) of the Federal Rules of Civil Procedure and Local Rule 5.9, I have
thereby electronically served all Filing Users.
DATED: April 15, 2013

Respectfully submitted,
TIMELINES, INC.,
Plaintiff/Counter-Defendant

By: /s/ Douglas A. Albritton
James T. Hultquist (SBN 6204320)
Douglas A. Albritton (SBN 6228734)
Michael L. DeMarino (SBN 6298337)
Bruce R. Van Baren (SBN 6310375)
REED SMITH LLP
10 South Wacker Drive
Chicago, IL 60606-7507
Telephone: [phone]
Facsimile: [phone]
Counsel for Plaintiff/Counter-Defendant
Timelines, Inc.

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