Polaris IP, LLC v. Google Inc. et al

Filing 343

Joint MOTION to Amend/Correct 115 Order, Set Deadlines/Hearings,, by AOL, LLC., America Online, Inc., Bright Response LLC, Google Inc., Yahoo!, Inc.. (Attachments: # 1 Text of Proposed Order)(Ainsworth, Jennifer)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION BRIGHT RESPONSE, LLC F/K/A POLARIS IP, LLC, v. Plaintiff, § § § § § § § § §

GOOGLE INC., ET AL., Defendants.

No. 2:07-cv-00371-CE Jury Demanded

JOINT MOTION TO AMEND DOCKET CONTROL ORDER Plaintiff Bright Response, LLC ("Bright Response") and Defendants Google Inc., AOL, LLC, America Online, Inc. and Yahoo!, Inc. (collectively "Defendants") file this Joint Motion to Amend the Docket Control Order with regard to certain pretrial deadlines based upon the new trial setting, and would show as follows: 1. Because the trial setting in this matter has been moved, the parties have conferred

and agreed to revise certain pretrial deadlines in the current Docket Control Order. Specifically, the parties request that the following dates be entered by the Court: DEADLINE OR EVENT FORMER DATE (per Dkt. No. 115) Tuesday July 6, 2010 REVISED DATE

Jury Selection

Monday August 2, 2010

Trial

Monday August 2, 2010 (per Dkt. No. 310)

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Pretrial Conference Marshall, Texas

Tuesday June 29, 2010

Wednesday July 28, 2010 1:30 p.m. (per Court Notice/Order at Dkt. No. 311 resetting pre-trial conference)

Meet and confer regarding Motions in Limine The parties are ordered to meet and confer on their respective motions in limine and advise the court of any agreements in this regard by 1 p.m. p.m. the business day before the pretrial conference. The parties shall limit their motions in limine to those issues which, if improperly introduced into the trial of the case would be so prejudicial that the court could not alleviate the appropriate instruction(s). Deadline to complete meet and confer regarding witness lists, exhibits, and deposition designations Responses to Motions in Limine due Motions in Limine due

June 28, 2010

Monday, July 26 12 noon

No Deadline on DCO

Friday, July 23, 2010

July 2, 2010 Tuesday June 22, 2010

Friday, July 23, 2010 Monday July 19, 2010

Objections to Witnesses, Deposition Designations, and Exhibits contained in the Joint Pretrial Order and CounterDeposition Designations due Exchange of copies of trial

Friday June 22, Friday, July 16, 2010 2010

No deadline in Monday, July 12, 2010

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exhibits. The parties shall reach agreement regarding whether such exchange shall be in hard copy or electronic. Joint Pre-Trial Order, Joint Proposed Jury Instructions and Form of the Verdict, including identification of trial witnesses, exhibits, and deposition designations Notice of Request for Daily Transcript or Real Time Reporting of Court Proceedings. If a daily transcript or real time reporting of court proceedings is requested for trial, the party or parties making said request shall file a notice with the Court and email the Court Reporter, Susan Simmons, at [e-mail] Defendant to Identify Trial Witnesses Plaintiff to Identify Trial Witnesses Plaintiff and Defendants to exchange respective portions of Pre-Trial Order, Jury Instructions and Form of Verdict

DCO

Friday June 11, Friday July 9, 2010 2010

Wednesday June 9, 2010

Wednesday July 7, 2010

June 7, 2010 June 7, 2010

Tuesday July 6, 2010 Tuesday July 6, 2010

No deadline in Friday July 2, 2010 DCO

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Responses to Dispositive Motions 1

June 14, 2010

In accordance with Local Rules, including timing for replies and surreplies, if any Tuesday June 29, 2010 In accordance with Local Rules, including timing for replies and surreplies, if any.

Dispositive Motions Responses to Daubert motions Daubert motions

May 31, 2010 14 days after Daubert motion(s) filed 7 days after the close of Expert Discovery 14 days after service of Rebuttal Expert Reports 42 days after claim construction ruling

Fact and Expert Discovery Deadline

Designate Rebuttal Expert Witnesses other than claims construction (Refer to Discovery Order for required information); Rebuttal expert witness report due Party with burden of proof to designate Expert Witnesses other than claims construction Expert witness reports due for parties with the burden of proof

21 days after claim construction ruling

Comply with P.R. 3-8
1

7 days after

The parties are directed to Local Rule CV-7(d), which provides in part that "[i]n the event a party fails to oppose a motion in the manner prescribed herein the court will assume that the party has no opposition." Should a party file a dispositive motion earlier than June 29, 2010, the deadline for the opposing party's response shall be in accordance with the Local Rules.

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(Willfulness Disclosures)

claim construction ruling

2.

Defendants agree to the newly proposed schedule, but anticipate that it will be

changed again following issuance of the Court's claim construction ruling. The parties will meet and confer at that time with regard to what, if any, changes become necessary. 3. Plaintiff and Defendants therefore respectfully request that the Court enter the

attached proposed Order modifying the Docket Control Order as set forth above.

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DATED: May 28, 2010 /s/ Jennifer H. Doan (by permission, Jennifer P. Ainsworth) Jennifer Doan Joshua Reed Thane HALTOM & DOAN Crown Executive Center, Suite 100 6500 Summerhill Rd. Texarkana, Texas 75503 Tel: [phone] Fax: [phone] Email: [e-mail] Email: [e-mail] Jason C. White Mansi Shah Scott Sherwin HOWREY LLP 321 N. Clark, Suite 3400 Chicago, IL 60654 Tel: [phone] Fax: [phone] Email: [e-mail] Email: [e-mail] Email: [e-mail] William C. Rooklidge HOWREY, LLP 4 Park Plaza, Suite 1700 Irvine CA 92614-2559 Telephone: [phone] [e-mail] Attorneys for Defendant Yahoo! Inc.

Respectfully submitted, By /s/ Jennifer Parker Ainsworth Jennifer Parker Ainsworth Texas State Bar No. 00784720 [e-mail] WILSON, ROBERTSON & CORNELIUS, P.C. P.O. Box 7339 Tyler, Texas 75711 Telephone: [phone] Facsimile: [phone] Charles K. Verhoeven, pro hac vice [e-mail] David A. Perlson, pro hac vice [e-mail] Antonio Sistos, pro hac vice [e-mail] Eugene Novikov, pro hac vice [e-mail] QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP 50 California Street, 22nd Floor San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] Andrea P. Roberts, pro hac vice [e-mail] Brian C. Cannon, pro hac vice [e-mail] QUINN EMANUEL URQUHART OLIVER & HEDGES 555 Twin Dolphin Drive, Suite 560 Redwood Shores, CA 94065 Telephone: [phone] Facsimile: 650-801-5100 COUNSEL FOR DEFENDANT GOOGLE INC.

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DATED: May 28, 2010

Respectfully submitted, By /s/ Andrew W. Spangler (by permission, Jennifer P. Ainsworth)

David M. Pridham LAW OFFICE OF DAVID PRIDHAM 25 Linden Road Barrington, Rhode Island 02806 [phone] [phone] (fax) [e-mail] John M. Bustamante Texas Bar No. 24040618 BUSTAMANTE, P.C. 54 Rainey Street, No. 721 Austin, Texas 78701 Tel. [phone] Fax. [phone] Email:[e-mail] Elizabeth A. Wiley Texas State Bar No. 00788666 THE WILEY FIRM PC P.O. Box 303280 Austin, Texas 78703-3280 Telephone: [phone] Facsimile: [phone] Email: [e-mail]

Andrew W. Spangler LEAD COUNSEL SPANGLER LAW P.C. 208 N. Green Street, Suite 300 Longview, Texas 75601 [phone] [phone] (fax) [e-mail] Marc A. Fenster CA Bar No. 181067 [e-mail] Alexander C. Giza CA Bar No. 212327 [e-mail] Andrew Weiss CA Bar No. 232974 [e-mail] Adam Hoffman CA Bar No. 218740 [e-mail] RUSS, AUGUST & KABAT 12424 Wilshire Blvd., 12th Floor Los Angeles, CA 90025 [phone] [phone] (fax) Patrick R. Anderson PATRICK R. ANDERSON PLLC 4225 Miller Rd, Bldg. B-9, Suite 358 Flint, MI 48507 [phone] [phone] (fax) [e-mail] COUNSEL FOR PLAINTIFF BRIGHT RESPONSE, 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 motion was served on all counsel who have consented to electronic service, Local Rule CV-5(a)(3)(A), on this the 28th day of May, 2010. /s/ Jennifer Parker Ainsworth Jennifer Parker Ainsworth

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