FotoMedia Technologies, LLC v. AOL, LLC. et al

Filing 50

Consent MOTION for Extension of Time to File Response/Reply as to #42 MOTION to Dismiss Photobucket Inc.'s Motion to Dismiss or, in the Alternative, For a More Definite Statement, and Motion to Strike; and Memorandum of Points and Authorities in Support Thereof by FotoMedia Technologies, LLC. (Attachments: #1 Text of Proposed Order)(McKool, Mike)

FotoMedia Technologies, LLC v. AOL, LLC. et al

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Case 2:07-cv-00255-TJW-CE

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION FOTOMEDIA TECHNOLOGIES, LLC, Plaintiff, v. AOL LLC, AMERICA ONLINE, INC., PHOTOBUCKET.COM, INC., SHUTTERFLY INC., CNET NETWORKS, INC., AND YAHOO! INC., Defendants. § § § § § § § § § § § §

CIVIL ACTION NO. 2:07-cv-255-TJW

JURY TRIAL DEMANDED

AGREED MOTION TO EXTEND DEADLINES TO FILE A RESPONSE TO PHOTOBUCKET INC.'S AND OTHER DEFENDANTS' MOTIONS TO DISMISS, AND REPLIES THERETO [Dkt. No. 42] Plaintiff FotoMedia Technologies, LLC ("FotoMedia") and defendants Photobucket.com. Inc. ("Photobucket"), Shutterfly, Inc. ("Shutterfly"), CNET Networks, Inc. ("CNET") and Yahoo! Inc. ("Yahoo!") (collectively, "defendants"), file this Agreed Motion to Extend Deadlines to file a Response to Photobucket's Motion to Dismiss (and the other defendants' motions, which join in the same), and, defendants' Replies Thereto and request the Court to extend the deadlines for FotoMedia to file its response to Photobucket.com, Inc.'s ("Photobucket") Motion to Dismiss [Dkt. No. 42] and the other defendants' joinders [Dkt. Nos. 43, 46, 47 & 48], and Photobucket's and the other defendants' replies thereto as follows: 1. On September 7, 2007, Photobucket filed its Motion to Dismiss Or, In the

Alternative, for a More Definite Statement, Motion to Strike; and Memorandum of Points and Authorities in Support Thereof ("Motion to Dismiss"). Other defendants thereafter filed joinders in said motion. Pursuant to the Federal Rules of Civil Procedure and the Court's local rules,

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Dockets.Justia.com

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FotoMedia currently must file a response to the Motions to Dismiss no later than September 24, 2007. 2. Photobucket's and the other defendants' replies to FotoMedia's response to the

Motion to Dismiss are due no later than October 4, 2007. 3. FotoMedia's sur-reply to Photobucket's and the other defendants' replies is due

no later than October 15, 2007. 4. In light of the issues identified in the motion, the parties have agreed to extend

FotoMedia's response to the Motions to Dismiss by one week. 5. Accordingly, the parties request that the Court enter the Order submitted with this

motion to allow FotoMedia to file its response to the Motions to Dismiss by no later than October 1, 2007, Photobucket and the other defendants to file their replies to FotoMedia's response to Motion to Dismiss by no later than October 22, 2007, and FotoMedia to file its surreply to Photobucket's and the other defendants' replies by no later than November 1, 2007. This extension is not sought for delay. FotoMedia has met and conferred with counsel for Photobucket and Photobucket's and the other defendants' counsel agree with the requested extensions.

AGREED MOTION TO EXTEND DEADLINES TO FILE A RESPONSE TO PHOTOBUCKET INC.'S AND OTHER DEFENDANTS' MOTIONS TO DISMISS, AND REPLIES THERETO [DKT. NO. 42] Page -2Austin 39564v2

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Dated: September 24, 2007.

Respectfully submitted, McKool Smith, P.C. /s/ Mike McKool Mike McKool, Lead Attorney Texas State Bar No. 13732100 [e-mail] Lewis T. LeClair Texas State Bar No. 12072500 [e-mail] 300 Crescent Court, Suite 1200 Dallas, Texas 75201 Telephone: [phone] Facsimile: [phone] Sam F. Baxter Texas State Bar No. 01938000 [e-mail] McKool Smith P.C. 104 East Houston Street, Suite 300 Marshall, Texas 75670 Telephone: [phone] Telecopier: [phone] Travis Gordon White Texas State Bar No. 21333000 [e-mail] John M. Shumaker Texas State Bar No 24033069 [e-mail] Ivan Wang Texas State Bar No. 24042679 [e-mail] 300 W. 6th Street, Suite 1700 Austin, Texas 78701 Telephone: [phone] Facsimile: [phone] ATTORNEYS FOR PLAINTIFF FOTOMEDIA TECHNOLOGIES, LLC

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CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this document was served on all counsel who have consented to electronic service on this the 24th day of September, 2007. Local Rule CV5(a)(3)(A). /s/ Sam Baxter Sam Baxter Harry Lee Gillam, Jr. [e-mail] GILLAM & SMITH, LLP 303 South Washington Avenue Marshall, Texas 75670 Of Counsel: Paul R. Gupta [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP 666 Fifth Avenue New York, NY 10103-0001 William W. Oxley [e-mail] I. Neal Chatterjee (CSB No. 173985) [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 ATTORNEYS FOR PHOTOBUCKET.COM, INC., AMERICA ONLINE, INC., and AOL, LLC Darryl M. Woo [e-mail] FENWICK & WEST, LLP 555 California Street, 12th Floor San Francisco, California 94041 ATTORNEYS FOR SHUTTERFLY, INC.
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Beth L. Mitchell [e-mail] Laura K. Carter [e-mail] Patrick T. Michael [e-mail] NIXON PEABODY LLP One Embarcadero Center, 18th Floor San Francisco, California 94111 G. William Lavender [e-mail] LAVENDER LAW 210 N. State Line Ave., Suite 503 P. O. Box 1938 Texarkana, Arkansas 75504 ATTORNEYS FOR CNET NETWORKS, INC. Scott F. Partridge [e-mail] Lisa Catherine Kelly [e-mail] Paul R. Morico [e-mail] BAKER BOTTS One Shell Plaza 910 Louisiana Street, Suite 3000 Houston, Texas 77002 Michael E. Jones [e-mail] POTTER MINTON 110 N. College, Suite 500 (75702) P.O. Box 359 Tyler, Texas 75710 ATTORNEYS FOR YAHOO! INC.

AGREED MOTION TO EXTEND DEADLINES TO FILE A RESPONSE TO PHOTOBUCKET INC.'S AND OTHER DEFENDANTS' MOTIONS TO DISMISS, AND REPLIES THERETO [DKT. NO. 42] Page -5Austin 39564v2