LendingTree, LLC v. Zillow, Inc. et al

Filing 462

ORDER granting in part 461 Motion to Compel. Defendant Zillow, Inc. shall file a response on or before 12:00pm, January 29, 2014. Signed by Magistrate Judge David Keesler on 1/24/2014. (chh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:10-CV-439-FDW-DCK
LENDINGTREE, LLC,

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Plaintiff,
v.
ZILLOW, INC.,
Defendant.

ORDER

THIS MATTER IS BEFORE THE COURT on “Plaintiff LendingTree, LLC’s Motion
To Compel Updated ‘New Request Count’ Data From Defendant Zillow, Inc. And Motion For
Expedited Briefing (Document No. 461) filed January 23, 2014. This motion has been referred
to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b), and immediate review is
appropriate. Having carefully considered the motion, the record, and applicable authority, the
undersigned will grant the motion, in part.
Under the circumstances, the Court will require Defendant Zillow, Inc. (“Zillow”) to file
an expedited response.

Zillow’s response should, inter alia, address LendingTree, LLC’s

pending motion pursuant to Fed.R.Civ.P. 26(e), Fed.R.Civ.P. 37(a) and (c)(1), and the “Claim
Construction Scheduling Order” (Document No. 75, p.3), as well as any other persuasive
authority that might provide guidance here. The Court is particularly interested in the whether
the timing of the pending motion, and the timeliness of the parties’ supplementations to date,
support Plaintiff’s “…Motion To Compel...” (Document No. 461).
IT IS, THEREFORE, ORDERED that “Plaintiff LendingTree, LLC’s Motion To
Compel Updated ‘New Request Count’ Data From Defendant Zillow, Inc. And Motion For

Expedited Briefing (Document No. 461) is GRANTED, in part. Defendant Zillow, Inc. shall
file a response on or before 12:00 p.m., January 29, 2014.
SO ORDERED.
Signed: January 24, 2014

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