CNG Financial Corporation v. Google Inc

Filing 51

RESPONSE in Opposition re 50 MOTION for Leave to File Excess Pages filed by Plaintiff. (Hunter, Barry) Modified on 3/29/2007 - To modify docket text (tt1, ).

CNG Financial Corporation v. Google Inc

Doc. 51

Case 1:06-cv-00040-SSB-TSB

Document 51

Filed 03/28/2007

Page 1 of 3

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

CNG FINANCIAL CORPORA nON
Case No. 1 :06-cv-040

Plaintiff/Counterc1aimDefendant,
vs.

Chief Judge Sandra S. Beckwith Magistrate Timothy S. Black

GOOGLE INe.
Defendant/Counterc1aim- :

Plaintiff.

CNG'S FINANCIAL CORPORATION'S RESPONSE TO GOOGLE INC.'S MOTION FOR EXTENSION OF PAGE LIMIT

As undersigned counsel understands this Cour's Local Rule 7.2(a)(3), memoranda in

support of sumar judgment motions should not exceed twenty (20) pages absent special
circumstances. By its Motion, Google acknowledges that special circumstances are required; yet

it totally fails to demonstrate any such circumstances. Moreover, because Google's Request for
an Extension (from twenty (20) to thirty-five (35) pages), wil of necessity impose the burden on
CNG to respond in kind, CNG has refused to consent to Google's Motion. i

Because it is now apparent that the Cour wil be presented with dispositive motion papers

(and lengthy ones at that if Google's Motion to Extend is granted) rather than settlement papers
as the paries indicated was likely in their Februar 22, 2007 Stipulation and Motion to Continue

Deadlines, CNG wishes to assure this Cour that it has spent substantial time and energy in trying
to move the settlement talks forward after February 22. Unfortunately, Google has not responded
to CNG's efforts in this regard.

1 Google chides CNG for refusing to consent "without explanation". In fact, the first and only time Google ever
contacted CNG's counsel on this subject was bye-mail yesterday afternoon after 5:00 p.m.

Dockets.Justia.com

Case 1:06-cv-00040-SSB-TSB

Document 51

Filed 03/28/2007

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Respectfully submitted,

Isl Barv D. Hunter An Gallagher Robinson Frost Brown Todd, LLC 2200 PNC Center 201 East Fifth Street
Cincinnati,OH 45202-4182
Tel. [phone]
Fax: [phone]

Bary D. Hunter

Medrith Lee Norman Frost Brown Todd LLC 250 West Main Street, Suite 2700 Lexington, Kentucky 40507 [phone]
[phone]-fax

Attorneys for CNG FINANCIAL CORPORATION

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Case 1:06-cv-00040-SSB-TSB

Document 51

Filed 03/28/2007

Page 3 of 3

CERTIFICATE OF SERVICE
I certify that a copy of the foregoing was electronically filed with the Clerk of the Cours

using the CM/ECF, system which will send notification of such fiing to the following, this 8th
day of January, 2007:

Kenneth F. Seibel, Esq. Jacobs, Kleinman, Seibel & McNally 2300 Kroger Building 1014 Vine Street Cincinnati, OH 45202

Michael H. Page, Esq. Klaus H. Hamm, Esq. Keker & VanNest LLP 710 Sansome Street San Francisco, CA 94107

/s/ Barv D. Hunter Attorney for Plaintiff/Counter Defendant

LEXLibrar 0102393.0533475 330658V.1

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