LendingTree, LLC v. Zillow, Inc. et al

Filing 600

ORDER granting 599 Motion for a New Briefing Schedule. Re: 577 , 584 Motion for Attorney Fees - Defendant's Amended Brief in Support due by 5/13/14 Plaintiff's response to Motions for Attorney Fees due by 6/13/2014; Re: 581 , 582 Motion for Sanctions - Plaintiff's response due by 6/13/14; Defendant's reply to Motions for Sanctions due by 6/23/14. Signed by Chief Judge Frank D. Whitney on 5/2/2014. (tmg)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:10-cv-00439-FDW-DCK
LENDINGTREE, LLC, ,
Plaintiff,
vs.
ZILLOW, INC.; NEXTAG, INC.; and
ADCHEMY, INC.;
Defendants.

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ORDER

THIS MATTER is before the Court on the parties’ Joint Motion for a New Briefing
Schedule (Doc. No. 599) for Defendants’ pending Motions for Attorneys’ Fees (Docs. Nos. 577,
584).1 For the reasons stated in the joint motion, it is GRANTED.
The Court, acting sua sponte, also raises an issue to be included in the amended briefs and
exhibits thereto. The Court requests Defendants to supplement their request for attorneys’ fees
with a breakdown that distinguishes between fees incurred in defending against infringement
claims from those incurred solely in pursuit of anti-trust claims. Where it is clear that fees
overlapped the infringement and anti-trust claims, Defendants need not apportion the anti-trust
fees from the fees incurred in defending against Plaintiff’s infringement claims. To be clear, the
Court has not yet decided the issue of whether an award of attorneys’ fees is appropriate in this
matter. The Court is reserving judgment on such decision until the parties have fully briefed these
motions. Nevertheless, the Court requests this information in order to ensure a complete record.

1

Defendant NexTag has filed a redacted version of their motion, which is found at Doc. No. 587, but the Court
considers the sealed motion, Doc. No. 584, as the pending motion for purposes of the Court’s ruling.

IT IS THEREFORE ORDERED that the parties’ Joint Motion for a New Briefing Schedule
(Doc. No. 599) is GRANTED. Accordingly, in accordance with the provisions set forth above,
1. Defendants shall submit Amended Briefs in Support of their Motions for Attorney’s
Fees (Dkt. Nos. 577 and 584) no later than May 13, 2014;
2. Plaintiff shall file its response to Defendants’ Motions for Attorney’s Fees no later than
June 13, 2014;
3. Plaintiff shall file its response to Adchemy and Zillow’s Renewed Motions for Sanction
(Dkt. Nos. 581 and 582) no later than June 13, 2014; and
4. Defendants’ reply briefs, if any, be filed no later than June 23, 2014.
IT IS SO ORDERED.
Signed: May 2, 2014