Polaris IP, LLC v. Google Inc. et al

Filing 384

Joint MOTION to Amend/Correct Docket Control Order by AOL, LLC., America Online, Inc., Bright Response LLC, Google Inc., 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 § § § § §

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 Court's Order of June 23, 2010. Pursuant to the Court's Order of June 23, 2010, the parties have conferred and agreed to revise certain pretrial deadlines in the current Docket Control Order in order to conform to the August 2, 2010 trial setting. Specifically, the parties request that the following dates be entered by the Court: Deadline or Event P.R. 3-8 Willfulness Disclosures due Last day to file dispositive motions Exchange opening expert reports (except damages) Exchange expert damages report Deadline to request notice of Daily Transcript or Real Time Reporting of Court Proceedings. If a daily transcript or real time reporting of the Court proceedings is requested for trial, the party or parties making Current Date June 25, 2010 June 29, 2010 July 9, 2010 July 9, 2010 July 7, 2010 Proposed Date June 25, 2010 July 1, 2010 July 3, 2010 July 5, 2010 July 7, 2010

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the request shall file a notice with the Court and email the Court Reporter, Susan Simmons, at [e-mail]. Identify trial witnesses Response to motions for summary judgment due Parties exchange portions of joint pretrial order (witness and exhibit lists, depositions designations, jury instructions, and verdict form) Exchange rebuttal expert reports (except damages) Joint pretrial order (including witness list, exhibits, and deposition designations), proposed jury instructions, and verdict form due* Exchange copies of trial exhibits to be received by Exchange rebuttal expert damages report Replies in support of summary judgment due Daubert motions due (except damages) Motions in limine due (except damages) Objections to witnesses, exhibits, deposition designations due, and deposition counter-designations due Close of all depositions except Rhyne and Allen on rebuttal reports Daubert motions on damages due Responses to motions in limine due Responses to Daubert motions due Deadline to meet and confer on witness lists, exhibits, deposition designations Responses to Daubert motion on damages due Deadline to meet and confer on motions in limine July 6, 2010 July 13, 2010 July 2, 2010 July 9, 2010 July 15, 2010 July 15, 2010

July 30, 2010 July 9, 2010

July 17, 2010 July 19, 2010

July 12, 2010 July 30, 2010 July 23, 2010 August 20, 2010 July 19, 2010 July 16, 2010 August 13, 2010 August 20, 2010 July 23, 2010 September 9, 2010 July 23, 2010 September 9, 2010 July 26, 2010

July 19, 2010 July 19, 2010 July 22, 2010 July 22, 2010 July 22, 2010 July 23, 2010 July 23, 2010 July 23, 2010 July 26, 2010 July 26, 2010 July 27, 2010 July 27, 2010 July 27, 2010

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Pretrial conference including all hearings Trial

July 28, 2010 August 2, 2010

July 29, 2010 August 2, 2010

*The parties may supplement the pretrial disclosures exchanged on July 15, 2010 by July 19, 2010, but only to the extent such supplementation is based upon issues or evidence raised in rebuttal expert reports served on July 17, 2010. The parties may also supplement the pretrial disclosures exchanged on July 15, 2010 by July 21, 2010, but only to the extent such supplementation is based upon issues or evidence raised in rebuttal expert reports served on July 19, 2010. 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: June 29, 2010 /s/__Jennifer H. Doan____________ Jennifer Haltom 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] Counsel for Defendant Yahoo! Inc.

Respectfully submitted, By /s/ David Perlson (w/ permission) 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: June 29, 2010 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]

Respectfully submitted, By /s/ Elizabeth A. Wiley (w/ permission)

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 29th day of June, 2010. /s/___Jennifer H. Doan__ Jennifer H. Doan

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