Red Bend Software, Inc. et al v. Google

Filing 59

DECLARATION re 58 Reply to Response to Motion of Jennifer C. Tempesta by Red Bend Software, Inc., Red Bend, Ltd.. (Attachments: # 1 Exhibit 1-3, # 2 Exhibit 4,7,10, # 3 Exhibit 5-6, # 4 Exhibit 8-9, # 5 Exhibit 11-18, # 6 Exhibit 19-22, # 7 Exhibit 23-34, # 8 Exhibit 35-38, # 9 Exhibit 39, # 10 Exhibit 40-41, # 11 Exhibit 42, # 12 Exhibit 43, # 13 Exhibit 44-52, # 14 Exhibit 53)(Tempesta, Jennifer)

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS EASTERN DIVISION RED BEND LTD., and RED BEND SOFTWARE INC., Civil Action No. 09-cv-11813-DPW Plaintiffs, v. GOOGLE INC., Defendant.

PLAINTIFFS ASSENTED TO MOTION FOR LEAVE TO FILE A MEMORANDUM IN EXCESS OF PAGE LIMIT Pursuant to L.R. 7.1, Plaintiffs Red Bend Ltd. and Red Bend Software Inc. move for leave to file a memorandum of up to twenty-five (25) pages in its Reply in Support of its Motion for a Preliminary Injunction. The Reply Memorandum is due on March 24, 2010. The basis for this motion is that Red Bend is unable to fully respond to the various irreparable harm, infringement and validity issues raised in Google's thirty (30) page opposition brief in the twenty (20) page limit set by L.R. 7.1(b)(4). Thus, Red Bend requests a modest extension. WHEREFORE, Red Bend respectfully requests that the Court grant its motion for leave to file its Reply Memorandum of up to twenty-five (25) pages. LOCAL RULE 7.1 CERTIFICATION I hereby certify that counsel for Plaintiffs conferred with counsel for Defendant and counsel for Defendant assents to this motion.

Dated: March 19, 2010 Respectfully submitted,

By: __/s/ Jennifer C. Tempesta__________ Daniel Cloherty (BBO# 565772) Dwyer & Collora, LLP 600 Atlantic Avenue - 12th Floor Boston, MA 02210-2211 Telephone: [phone] Facsimile: [phone] Robert C. Scheinfeld (RS-2632) (Admitted PHV) Eliot D. Williams (EW-6560) (Admitted PHV) Jennifer C. Tempesta (JT-4841) (Admitted PHV) Baker Botts L.L.P. 30 Rockefeller Plaza 44th Floor New York, New York 10012-4498 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs Red Bend Ltd. and Red Bend Software Inc.

CERTIFICATE OF SERVICE I hereby certify that this document 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 March 19, 2010.

By:

/s/ Jennifer C. Tempesta Jennifer C. Tempesta