Polaris IP, LLC v. Google Inc. et al

Filing 323

Unopposed MOTION for Leave to File Amended Answer by Yahoo!, Inc.. (Attachments: # 1 Text of Proposed Order)(Doan, Jennifer)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION BRIGHT RESPONSE LLC Plaintiff, v. GOOGLE INC., YAHOO!, INC., AOL LLC, and AMERICA ONLINE, INC., Defendants. § § § § § Civil Action No. 2:07-cv-371-CE § § § § §

YAHOO! INC.'S UNOPPOSED MOTION FOR LEAVE TO FILE AMENDED ANSWER Pursuant to Federal Rule of Civil Procedure 15(a)(2), Defendant Yahoo! Inc. ("Yahoo") seeks leave to file Yahoo! Inc.'s Amended Answer, Affirmative Defenses, and Counterclaims to Plaintiff's Amended Complaint ("Amended Answer"). Yahoo seeks to amend its Answer to assure that all claims, counterclaims, and defenses arising out of the events leading to this litigation are resolved expediently within this single action. Through continued discovery, Yahoo became aware of additional facts which support its answer, counterclaims, and defenses. Yahoo's Amended Answer incorporates the additional facts which Yahoo learned subsequent to filing its original answer. Moreover, Plaintiff Bright Response, LLC does not oppose Yahoo's motion for leave to file the Amended Answer. For the reasons stated herein, Yahoo respectfully requests that the Court grant it leave to file the Amended Answer.

YAHOO!'S UNOPPOSED MOTION FOR LEAVE TO FILE AMENDED ANSWER ­ Page 1

Dated: May 11, 2010

Respectfully submitted, /s/ Jennifer H. Doan Jennifer H. Doan Joshua R. Thane HALTOM & DOAN Crown Executive Center, Suite 100 6500 Summerhill Road Texarkana, TX 75503 Tel: [phone] Fax: [phone] [e-mail] [e-mail] William C. Rooklidge HOWREY, LLP 4 Park Plaza, Suite 1700 Irvine CA 92614-2559 Telephone: [phone] [e-mail] Jason C. White HOWREY LLP ­ Chicago 321 North Clark Street, Suite 3400 Chicago, Illinois 60654 Telephone: [phone] Facsimile: 312/595-2250 [e-mail] Attorneys for Defendant Yahoo!, Inc.

YAHOO!'S UNOPPOSED MOTION FOR LEAVE TO FILE AMENDED ANSWER ­ Page 2

CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). All other counsel of record not deemed to have consented to electronic service were served with a true and correct copy of the foregoing by certified mail, return receipt requested, on May 11, 2010.

/s/ Jennifer H. Doan Jennifer H. Doan CERTIFICATE OF CONFERENCE Counsel for Yahoo has complied with the meet and confer requirements of Local Rule CV-7(h). Yahoo's counsel has conferred with Bright Response's counsel in good faith, and Bright Response is unopposed to this motion.

/s/ Jason C. White Jason C. White

YAHOO!'S UNOPPOSED MOTION FOR LEAVE TO FILE AMENDED ANSWER ­ Page 3