TimesLines, Inc v. Facebook, Inc.

Filing 61

REPLY by Plaintiff TimesLines, Inc, Counter Defendant TimesLines, Inc to motion to clarify 58 , notice of motion 59 (Moore, Raven)

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

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Civil Action No.: 11 CV 6867
Jury Trial Demanded

PLAINTIFF TIMELINES, INC.’S REPLY
IN SUPPORT OF MOTION TO CLARIFY AND COMPEL
Plaintiff, Timelines, Inc. (“Timelines”), through its counsel, files this brief reply in
support of its motion to clarify the discovery schedule in this case and to compel Defendant
Facebook, Inc. to produce the requested documents by a date certain.
In its opposition, Facebook advises the Court that it expects to continue producing
documents on a rolling basis and to complete its production by the end of July. But to date,
Facebook’s promised rolling production is anything but rolling. In fact, as set forth in
Timelines’s motion, on June 14th, Facebook’s counsel indicated that Facebook would make
another rolling production on or before June 22nd. Yet Facebook never produced the
documents. Timelines’s concern is that Facebook intends to dump virtually all of its document
production (potentially thousands of documents as suggested by Facebook’s filing) on Timelines
on or about July 31st, which will force Timelines to review these documents before proceeding
with and completing fact depositions by August 31st. To that end (and accepting Facebook’s
position that a complete production of its documents by June 29th is “logistically impossible”),
Timelines respectfully requests that the Court order Facebook to make a rolling production of

documents beginning on June 30th and ending no later than July 31st, with not less than one
production to Timelines each week.
Timelines also asks the Court to clarify the discovery schedule in the case, and,
specifically, indicate whether the schedule set forth in the Joint Initial Status Report is
controlling. (Dkt. 36 at p. 2.)
Dated: June 26, 2012
Respectfully submitted,
TIMELINES, INC.
By:

/s/ Raven Moore
One of its Attorneys
James T. Hultquist (#6204320)
Douglas Alan Albritton (#6228734)
Raven Moore (#6280665)
REED SMITH LLP
10 South Wacker Drive, 40th Floor
Chicago, Illinois 60606-7507
[phone]
[phone] (facsimile)
[e-mail]
[e-mail]
[e-mail]

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CERTIFICATE OF SERVICE
The undersigned, an attorney, hereby certifies that she filed the foregoing Plaintiff
Timelines, Inc.’s Reply in Support of Motion to Clarify and Compel by means of the Court’s
CM/ECF System, which causes a true and correct copy of the same to be served electronically on
all CM/ECF registered counsel of record, on June 26, 2012.

/s/ Raven Moore
Raven Moore