Facebook, Inc. v. Phoenix Media/Communications Group, Inc. et al

Filing 47

Joint MOTION to Continue Scheduling Conference by Facebook, Inc..(Chen, Reuben)

Facebook, Inc. v. Phoenix Media/Communications Group, Inc. et al

Doc. 47

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

FACEBOOK, INC, Plaintiff, v. PHOENIX MEDIA/COMMUNICATIONS GROUP, INC., PEOPLE2PEOPLE GROUP, INC., TELE-PUBLISHING, INC., AND FNX BROADCASTING LLC, Defendants. C.A. No. 1:10-cv-11917-DPW

JOINT MOTION FOR CONTINUANCE OF SCHEDULING CONFERENCE Plaintiff Facebook, Inc. and Defendants Phoenix Media/Communications Group, Inc., People2People Group, Inc., Tele-Publishing, Inc., and FNX Broadcasting LLC respectfully move this Court for a continuance of the scheduling conference presently set for 3:30 p.m. on April 7, 2011. The parties are actively discussing proposals that, if agreed upon, would resolve the case. Therefore, the parties respectfully request that the Court postpone the scheduling conference presently set for 3:30 p.m. tomorrow to April 25, 27, or 28, or to such later date when the Court is available to hear the parties. Additionally, Facebook respectfully requests that, if the Court decides to proceed with the conference tomorrow, its California counsel be allowed to appear telephonically. Facebook's counsel in Boston, Donald K. Stern, will be present at the hearing in person. Defendants assent to this request.

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Additionally, given the active settlement discussions, the parties have stipulated to extend to May 4, 2011 the due date for each Defendant to file its Answer to Facebook's Complaint and any Counterclaims. FACEBOOK, INC., PHOENIX MEDIA/COMMUNICATIONS GROUP, INC., PEOPLE2PEOPLE GROUP, INC. and FNX BROADCASTING LLC By their attorneys, /s/ T. Christopher Donnelly T. Christopher Donnelly (BBO# 129930) Donnelly, Conroy & Gelhaar, LLP One Beacon Street, 33rd Floor Boston, Massachusetts 02108 [phone]

By its attorneys, /s/ Reuben H. Chen Heidi L. Keefe (pro hac vice) [e-mail] Mark R. Weinstein (pro hac vice) [e-mail] Reuben H. Chen (pro hac vice) [e-mail] Adam M. Pivovar (pro hac vice) [e-mail] Daniel J. Knauss (pro hac vice) [e-mail] COOLEY LLP 3175 Hanover Street Palo Alto, CA 94304-1130 Telephone: [phone]; Facsimile: [phone] OF COUNSEL: Donald K. Stern (BBO No. 479420) [e-mail] COOLEY LLP 500 Boylston Street Boston, MA 02116 Telephone: [phone]; Facsimile: [phone] Dated: April 6, 2011

TELE-PUBLISHING, INC., By its attorneys, /s/ Benjamin L. Mack Daniel J. Gleason (BBO# 194900) Joseph F. Shea (BBO# 555473) Benjamin L. Mack (BBO# 661590) Heather B. Repicky (BBO# 663347) NUTTER MCCLENNEN & FISH LLP Seaport West 155 Seaport Boulevard Boston, MA 02210 [phone]

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CERTIFICATE OF SERVICE I, Reuben H. Chen hereby certify that pursuant to Local Rule 5.4(C), this document has been filed through the ECF system and will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF). For those parties indicated as non-registered participants, if any, a paper copy will be sent by facsimile and/or U.S. First Class Mail on April 6, 2011. /s/ Reuben H. Chen Reuben H. Chen

931487/HN

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