NetJumper Sofware L. L. C. v. Google, Incorporated

Filing 53

Ex Parte MOTION for Leave to File Excess Pages In Support of NetJumper's Opposition to Google's Motion For Summary Judgment by NetJumper Software, L. L. C.. (Kochanowski, Andrew)

NetJumper Sofware L. L. C. v. Google, Incorporated

Doc. 53

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION NETJUMPER SOFTWARE, L.L.C., a Michigan limited liability corporation, Plaintiff, vs.
[phone]

Case No. 04-70366-CV Hon. Julian Abele Cook Magistrate Judge R. Steven Whalen

GOOGLE INC., a Delaware corporation, Defendant. ______________________________________________________________________/ SOMMERS SCHWARTZ, PC DICKINSON WRIGHT, PLLC Andrew Kochanowski (P55117) Kathleen A. Lang (P34695) Nabeel N. Hamameh (P60981) L. Pahl Zinn (P57516) Attorneys For Plaintiff Attorneys For Defendant 2000 Town Center, 9th Floor 500 Woodward Ave., Ste. 4000 Southfield, MI 48075 Detroit, MI 48226 [phone] [phone] BANIAK, PINE & GANNON Michael Baniak Co-Counsel For Plaintiff 150 N. Wacker Drive, Suite 1200 Chicago, IL 60606 [phone] FISH & RICHARDSON P.C. Howard G. Pollack Attorneys For Defendant 500 Arguello Street, Ste. 500 Redwood City, CA 94063 [phone]

2000 TOWN CENTER

LAW OFFICES SOMMERS SCHWARTZ, P.C. SUITE 900 SOUTHFIELD, MICHIGAN 48075

FISH & RICHARDSON P.C. Frank E. Scherkenbach 225 Franklin Street Boston, MA 02110-2804 [phone] ______________________________________________________________________/ EX-PARTE MOTION AND BRIEF IN SUPPORT OF MOTION FOR LEAVE TO FILE RESPONSE BRIEF EXCEEDING TWENTY (20) PAGES IN SUPPORT OF NETJUMPER S OPPOSITION TO GOOGLE S MOTION FOR SUMMARY JUDGMENT Plaintiff NetJumper Software, LLC, by and through its attorneys, hereby moves this Court pursuant to LR 7.1(c)(3)(A) for leave to file its response brief in opposition to Google, Inc. s Motion for

Dockets.Justia.com

Summary Judgment that exceeds the page limit. In support of this Ex-Parte Motion, Plaintiff NetJumper Software, LLC states as follows: 1. The issues involved in this litigation, as well as Google s motion and NetJumper s response, are extremely complex. 2. Defendant Google Inc. filed a similar motion for leave to file its summary judgment motion exceeding the page limit, and this Court granted Google s motion.
[phone]

3. 4.

Defendant Google s motion, not including exhibits and attachments totals 37 pages. In order for the Court to completely understand the facts and issues involved and in dispute, as well as NetJumper s ability to properly and fully defend against Google s summary judgment motion, NetJumper requires more than twenty pages to adequately respond to said motion. NetJumper s response involves a detailed analysis as to the issues raised by Google s motion concerning non-infringement and invalidity of NetJumper s 172 patent.

LAW OFFICES SOMMERS SCHWARTZ, P.C. SUITE 900 SOUTHFIELD, MICHIGAN 48075

5.

NetJumper has endeavored to use the fewest pages possible in support of its arguments as to the reasons that Google s motion for summary judgment should be denied. NetJumper s response brief has many figures and diagrams to assist the Court in graphic displays. So while NetJumper s response brief may exceed twenty pages, it is not all text. Given the complexity of the claims and the patents-in suit, NetJumper s response brief is reasonable under the circumstances. The granting of NetJumper s ex-parte motion to file a response brief in excess of twenty pages would act in furtherance of justice and NetJumper s due process rights.

2000 TOWN CENTER

2

WHEREFORE, NetJumper Software, LLC respectfully requests that this Honorable Court enter the attached Order granting NetJumper leave of the Court to file a response brief to Google s motion for summary judgment in excess of twenty (20) pages.

Respectfully submitted, Andrew Kochanowski (P55117) SOMMERS SCHWARTZ, P.C. Attorneys for Plaintiff 2000 Town Center Drive, Suite 900 Southfield, MI 48075 [phone] [e-mail] DATED: September 26, 2005

LAW OFFICES SOMMERS SCHWARTZ, P.C. SUITE 900 SOUTHFIELD, MICHIGAN 48075

[phone]

PROOF OF SERVICE I certify that on 9-26-05, I electronically filed the forgoing paper with the Clerk of the Court using the ECF system which will send notification of such filing to the following: Kathleen A. Lang; [e-mail] L. Pahl Zinn; [e-mail] Michael H. Baniak; [e-mail] and I hereby certify that I have mailed by United States Postal Service First Class Mail the paper to the following non-ECF participants: FISH & RICHARDSON P.C. Howard G. Pollack 500 Arguello Street, Ste. 500 Redwood City, CA 94063 FISH & RICHARDSON P.C. Frank E. Scherkenbach 225 Franklin Street Boston, MA 02110-2804

2000 TOWN CENTER

s/Andrew Kochanowski (P55117) Sommers Schwartz, PC 2000 Town Center, Suite 900 Southfield, MI 48075 [phone] [e-mail]

3

This document was created with Win2PDF available at http://www.daneprairie.com. The unregistered version of Win2PDF is for evaluation or non-commercial use only.