Red Bend Software, Inc. et al v. Google

Filing 21

Motion for Leave to File Reply in Support of 18 Opposition to 10 Motion to Expedite Hearing and Emergency Motion for Modification of Briefing Schedule by Google Inc.. (Attachments: # 1 Exhibit)(Albano, Jonathan) Modified on 12/1/2009 (to correct text to this entry) (York, Steve). (Additional attachment(s) added on 1/12/2010: # 2 Corrected Main Document) (York, Steve).

Red Bend Software, Inc. et al v. Google

Doc. 21

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

RED BEND LTD. and RED BEND SOFTWARE INC., Plaintiffs, v. GOOGLE INC., Defendant. GOOGLE INC.'S REQUEST FOR LEAVE TO FILE REPLY IN SUPPORT OF ITS EMERGENCY MOTION FOR MODIFICATION OF BRIEFING SCHEDULE Plaintiffs Red Bend Ltd. and Red Bend Software Inc. (collectively, "Red Bend") served defendant Google Inc. with the complaint in this action on Tuesday, November 17, 2009, the same day Red Bend filed its Motion for a Preliminary Injunction. Red Bend simultaneously moved for an expedited hearing on the preliminary injunction. Google's outside litigation counsel appeared on Monday, November 23. On Tuesday, November 24, Google opposed the motion for an expedited hearing, requested a modification of the briefing schedule so as to allow it to take certain discovery and prepare an appropriate opposition, and requested a status conference. On November 25, the parties jointly contacted the court to request a status Civil Action No. 09-cv-11813-DPW

conference, which the Court has set for Wednesday, December 2, 2009 at 11:00 am. On November 26, Red Bend filed an opposition to Google's motion to modify the briefing schedule. Pursuant to Local Rule 7.1(b)(3), Google respectfully requests leave to file a reply in support of its Emergency Motion for Modification of Briefing Schedule. Google anticipates that the briefing schedule and related issues will be addressed at the December 2 status conference, and believes that a fuller statement of its position on matters raised in the Opposition will aid the Court. In particular, Google wishes to provide the Court in advance of the status conference with its position on Red Bend's newly-proposed schedule, and to suggest certain possible areas of

A/73227607.1/3010182-0000343244

Dockets.Justia.com

compromise. Pursuant to CM/ECF Admin. Proc. O, Google's proposed Reply in Support of Emergency Motion for Modification of Briefing Schedule is attached as Exhibit A hereto. WHEREFORE, Google respectfully requests that the Court allow its motion for leave to file a reply in support of its Emergency Motion for Modification of Briefing Schedule. Respectfully submitted, Dated: November 30, 2009 Google Inc., By its attorneys, Jonathan M. Albano, BBO #013850 [e-mail] BINGHAM McCUTCHEN LLP One Federal Street Boston, MA 02110-1726, U.S.A. 617.951.8000 William F. Abrams (pro hac vice) [e-mail] BINGHAM McCUTCHEN LLP 1900 University Avenue East Palo Alto, CA 94303-2223 Robert C. Bertin(pro hac vice) [e-mail] Susan Baker Manning (pro hac vice) [e-mail] BINGHAM MCCUTCHEN LLP 2020 K Street, NW Washington, DC 20006-1806, U.S.A. 202.373.6000 CERTIFICATE OF SERVICE I hereby certify that this document(s) filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non-registered participants on November 30, 2009. /s/ Jonathan M. Albano, BBO #013850 [e-mail]

A/73227607.1/3010182-0000343244

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