Gibson Guitar Corporation v. Wal-Mart Stores, Inc. et al

Filing 87

MOTION Permission to file Sur-Reply to Defendants' Motion to Dismiss or in the Alternative to Stay this Action in Favor of the First Filed Action in the Central District of California by Gibson Guitar Corporation. (Attachments: # 1 Exhibit Sur-Reply of Gibson Guitar Corp. to Defendants' Motion to Dismiss or, in the Alternative, to Stay this Action in Favor of a First-Filed Action in the Central District of California)(Pierce, Douglas)

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Gibson Guitar Corporation v. Wal-Mart Stores, Inc. et al Doc. 87 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION ) ) PLAINTIFF, ) ) Civil Action No. 3:08-0279 v. ) ) Judge Thomas A. Wiseman, Jr. WAL-MART STORES INC., TARGET ) Magistrate Judge Juliet Griffin CORPORATION, KMART CORPORATION, ) SEARS, ROEBUCK & CO., AMAZON.COM, INC., ) GAMESTOP CORP., TOYS-R-US, INC., HARMONIX ) MUSIC SYSTEMS, INC., MTV (A DIVISION OF ) VIACOM INTERNATIONAL, INC.), AND ) ELECTRONIC ARTS, INC., ) ) DEFENDANTS. ) ______________________________________________________________________________ MOTION OF GIBSON GUITAR CORP. TO SUBMIT SUR-REPLY TO DEFENDANTS' MOTION TO DISMISS OR IN THE ALTERNATIVE TO STAY THIS ACTION IN FAVOR OF THE FIRST FILED ACTION IN THE CENTRAL DISTRICT OF CALIFORNIA ______________________________________________________________________________ Gibson Guitar Corp. ("Gibson") respectfully moves that it be permitted to file a short Sur-Reply to the Reply filed by Defendants concerning their Motion to Dismiss or in the Alternative to Stay this Action in Favor of the First Filed Action in the Central District of California. (Defendants' Reply has been filed as Docket No. 80). The proposed Sur-Reply is attached hereto as Exhibit A. In support of this motion, Gibson states that its proposed SurReply briefly addresses only two points, both of which were raised for the first time in Defendants' reply and discussed in a misleading manner. Gibson believes the proposed SurReply would assist the Court in understanding the issues in this case. respectfully requests leave of court to file the proposed Sur-Reply. Therefore, Gibson GIBSON GUITAR CORP., Dated: Nashville, Tennessee June 9, 2008 Respectfully submitted, /s/ Douglas R. Pierce Douglas R. Pierce, BPR No. 10084 KING & BALLOW 1100 Union Street Plaza 315 Union Street Nashville, Tennessee 37201 (615) 259-3456 STROOCK & STROOCK & LAVAN LLP Matthew W. Siegal (pro hac vice) Angie M. Hankins (pro hac vice) Richard Eskew (pro hac vice) Jason M. Sobel (pro hac vice) 180 Maiden Lane New York, New York 10038-4982 212-806-5400 Attorneys for Plaintiff Gibson Guitar Corp. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing is being filed electronically. Notice of this filing will be sent by operation of the Court's electronic filing system to: Samuel D. Lipshie, No. 009538 BOLT,CUMMINGS,CONNERS & BERRY Roundabout Plaza 1600 Division Street, Suite 700 Nashville, TN 37203 William Taylor Ramsey (No. 9245) Aubrey B. Harwell, III (No. 17394) NEAL & HARWELL 150 Fourth Avenue, North 2000 First Union Tower Nashville, TN 37210 Edward J. DeFranco James Glass Quinn Emanuel Urquhart Oliver & Hedges, LLP 51 Madison Ave, 22nd Floor New York, NY 10010 Mark A. Samuels Robert M. Schwartz William J. Charron O'Melveny & Myers LLP 400 South Hope Street Los Angeles, CA 90071-2899 on this the 9th day of June, 2008. /s/ Douglas R. Pierce

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