Polaris IP, LLC v. Google Inc. et al

Filing 549

Emergency MOTION for Extension of Time to File Response/Reply TO YAHOO'S MOTION TO EXCLUDE (DKT. NO. 485) by Bright Response LLC. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Wiley, Elizabeth)

Polaris IP, LLC v. Google Inc. et al

Doc. 549

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION BRIGHT RESPONSE, LLC, Plaintiff, v. GOOGLE, INC., et al., Defendants. § § § § § § § § §

Civil Action No. 2:07-cv-371-ce JURY TRIAL DEMANDED

BRIGHT RESPONSE, LLC'S EMERGENCY MOTION FOR EXTENSION OF TIME TO RESPOND TO YAHOO MOTION TO EXCLUDE (DKT. NO. 485) Plaintiff Bright Response, LLC ("Bright Response") files this Motion seeking a short extension of time to respond to Dkt. No. 485: Yahoo!'s Motion to Exclude the Testimony of Plaintiff's Damages Expert Stephen Becker. In support, Plaintiff states as follows: 1. On Monday January 26, 2010, numerous briefs were due and filed in this case,

including responses to motions in limine and Daubert Motions. 2. Because many documents were filed under seal, service of those filed documents

was by email. One such motion (Docket No. 505), what we now understand to be Google's Daubert motion re plaintiff's damages expert, was styled "Defendants' Motion To Exclude Certain Opinions Of Plaintiff's Damages Expert Stephen L. Becker." Based on this title,

plaintiff's counsel perceived this motion to be a joint motion. (See attached cover page of Google's motion). 3. That perception was a mistaken one, however, and based on this misunderstanding,

plaintiff's counsel inadvertently overlooked Yahoo's separately filed motion ­ Dkt. No. 485 ­ on similar yet different damages issues. Only upon going into ECF to file the response to Google's motion did plaintiff see that Docket Number 505 had been filed as "Google's Motion" rather

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than "Defendants' Motion," and plaintiff then looked for, and saw for the first time, Yahoo's motion. 4. By an informal agreement of the parties, responses to these motions were due at

midnight on January 28, 2010. 5. Bright Response seeks a short extension of time, to at least 5:00 pm, January 29,

2010, to address the distinct issues in Yahoo's motion. These issues involve detailed issues of law, and moreover the relief requested by Yahoo (essentially gutting Bright Response's damages case) makes their motion an important one, requiring plaintiff to request the length of extension requested here. 6. Due to the time of day at which Bright Response files this Motion ­ at

approximately 3:00 a.m. -- Bright Response has provided a copy of this motion to Yahoo's local counsel, and requested to meet and confer, but does not expect to receive a response until the morning. Once the parties have met and conferred, Bright Response will inform the Court whether this motion is opposed. 7. Bright Response therefore requests a short extension, commensurate with the short

deadlines for all such filings in these two weeks preceding trial, to file a response.

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Dated: July 29, 2010

Respectfully submitted, By: /s/ Elizabeth A. Wiley_ Elizabeth A. Wiley 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] 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]

Andrew W. Spangler LEAD COUNSEL SPANGLER LAW P.C. 208 N. Green Street, Suite 300 Longview, Texas 75601 [phone] [phone] (fax) [e-mail] David M. Pridham LAW OFFICE OF DAVID PRIDHAM 25 Linden Road Barrington, Rhode Island 02806 [phone] [phone] (fax) [e-mail] John C. Hueston CA SBN 164921 IRELL & MANELLA, LLP 840 Newport Center Dr., Suite 400 Newport Beach, CA 92660 Tel: [phone] Fax: [phone] Email: [e-mail] Adam S. Goldberg CA SBN 250172 IRELL & MANELLA, LLP 1800 Avenue of the Stars, Suite 900 Los Angeles, CA 90067 Tel: [phone] Fax: [phone] Email: [e-mail]

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CERTIFICATE OF CONFERENCE I hereby certify as follows that given the hour of the day, the undersigned has not met and conferred with opposing counsel for Yahoo. Counsel has nevertheless sent by email correspondence an inquiry to the effect to local counsel for Yahoo, Jennifer Doan, along with this motion, and will inform the Court of the status as early as possible during business hours on Thursday July 29, 2010. \s\ Elizabeth A. Wiley Elizabeth A. Wiley CERTIFICATE OF SERVICE I certify that counsel of record who are deemed to have consented to electronic service are being served this 29th day of July, 2010, 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\ Elizabeth A. Wiley Elizabeth A. Wiley

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