Polaris IP, LLC v. Google Inc. et al

Filing 225

NOTICE by Bright Response LLC re 224 Response in Opposition to Motion, of Emergency Request for Hearing, If Necessary (Weiss, Andrew)

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Polaris IP, LLC v. Google Inc. et al Doc. 225 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION BRIGHT RESPONSE, LLC v. GOOGLE, INC., et al. NO. 2:07-CV-371-CE JURY BRIGHT RESPONSE, LLC'S NOTICE OF EMERGENCY REQUEST FOR HEARING ON YAHOO!, INC.'S MOTION TO MODIFY THE PROTECTIVE ORDER AND BRIGHT RESPONSE'S RESPONSE TO YAHOO'S MOTION COMES NOW Bright Response, LLC and notifies the Court that it has, in its Response to Yahoo's Motion to Modify The Protective Order (which is accompanied by a motion for leave), included a request for a hearing on the motions, if necessary, on an expedited basis. Good cause exists for expedited relief to ensure Bright Response is not prejudiced in obtaining, in the most efficient way possible, the required source code from Yahoo. Time is now of the essence in this regard. The discovery deadlines in this case are rapidly approaching. Yet Yahoo seeks, after months of Yahoo's inactivity in complying with its obligations to produce source code, to modify the Protective Order that has been in place since July 2008. It seeks a modification that adds more time to the process and creates inefficiency in producing source code to Bright Response. Such inefficiencies cannot be tolerated at this time, when Yahoo did not produce any source code at all until October 2009. Although Yahoo just moved for relief, it has simply refused to provide the printer as requited by the Agreed Protective Order since its source code was produced last month. Yahoo's refusal to comply with the Agreed Protective Order has prejudiced Bright Response and must 2995-011 091109 NT Expedite Modify PO.doc 1 Dockets.Justia.com cease immediately. Bright Response requires as much time as possible to analyze the source code to meet its upcoming discovery deadlines. Dated: November 9, 2009 Respectfully submitted, By: /s/ Andrew D. Weiss Debera W. Hepburn, TX Bar # 24049568 Email: dhepburn@heplaw.com HEPBURN LAW FIRM PLLC P.O. Box 118218 Carrollton, TX 75011 Telephone: 214/403-4882 Facsimile: 888/205-8791 Andrew W. Spangler LEAD COUNSEL Spangler Law P.C. 208 N. Green Street, Suite 300 Longview, Texas 75601 (903) 753-9300 (903) 553-0403 (fax) spangler@spanglerlawpc.com David M. Pridham Law Office of David Pridham 25 Linden Road Barrington, Rhode Island 02806 (401) 633-7247 (401) 633-7247 (fax) david@pridhamiplaw Patrick R. Anderson Patrick R. Anderson PLLC 4225 Miller Rd, Bldg. B-9, Suite 358 Flint, MI 48507 (810) 275-0751 (248) 928-9239 (fax) patrick@prapllc.com Marc A. Fenster CA Bar No. 181067 Andrew D. Weiss CA Bar No. 232974 RUSS, AUGUST & KABAT 12424 Wilshire Blvd., 12th Floor Los Angeles, CA 90025 (310) 826-7474 (310) 826-6991 (fax) mfenster@raklaw.com aweiss@raklaw.com BUSTAMANTE, P.C. John M. Bustamante Texas Bar No. 24040618 BUSTAMANTE, P.C. 54 Rainey Street, No. 721 2995-011 091109 NT Expedite Modify PO.doc 2 Austin, Texas 78701 Tel. 512.940.3753 Fax. 512.551.3773 jmb@BustamanteLegal.com CERTIFICATE OF SERVICE I certify that counsel of record who are deemed to have consented to electronic service are being served this 9th day of November, 2009, with a copy of this document via the Court's CM/ECF systems per Local Rule CV-5(a)(3). Any other counsel will be served electronic mail, facsimile, overnight delivery and/or First Class Mail on this date. \s\ Andrew D. Weiss 2995-011 091109 NT Expedite Modify PO.doc 3

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