Polaris IP, LLC v. Google Inc. et al

Filing 553

Joint MOTION to Amend/Correct 385 Order, Set Deadlines/Hearings, Terminate Motions,,, by AOL, LLC., America Online, Inc., Bright Response LLC, Google Inc., Yahoo!, Inc.. (Attachments: # 1 Text of Proposed Order)(Ainsworth, Jennifer)

Polaris IP, LLC v. Google Inc. et al

Doc. 553

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 Defendants Google Inc., AOL, LLC, America Online, Inc. and Yahoo!, Inc. (collectively "Defendants") and Plaintiff Bright Response, LLC, file this Motion to Amend the currently amended Docket Control Order. The amendments below were agreed upon by the parties to accommodate a medical emergency of Plaintiff's infringement expert which necessitated changing previously agreed dates. The parties request that the Court amend the Docket Control Order in the following respects:

DEADLINE OR EVENT Jury Selection Trial Pretrial Conference Marshall, Texas

DATE Monday August 2, 2010 Monday August 2, 2010 Wednesday July 28, 2010 1:30 p.m.

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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. 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).

Tuesday, July 27, 2010

Responses to Daubert motions which were July 28, 2010 served on July 26 due (Responses to motions served earlier are due 3 days from filing, without 3 extra days for electronic service) Deadline to complete meet and confer regarding Tuesday, July 27, 2010 witness lists, exhibits, and deposition designations Objections to supplemented exhibits due Responses to Motions in Limine due Daubert motions due Responses to Motions in Limine due Deadline to Supplement Exhibit List in light of rebuttal expert reports Objections to Witnesses, Deposition Designations, and Exhibits contained in the Joint Pretrial Order and Counter-Deposition Designations due Motions in Limine due July 27, 2010 July 26, 2010 July 26, 2010 July 26, 2010 July 26, 2010 July 23, 2010

July 22, 2010

Rebuttal Expert Witness Reports due (Fox, Bakewell, Allen) Replies to Summary Judgment motions due

July 22, 2010

July 22, 2010

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Rebuttal Expert reports (Rhyne, Woodford, Manbeck)

July 20, 2010

The Parties respectfully request that the Court enter the attached Order granting this Joint Motion.

Dated: July 29, 2010

Respectfully submitted, By: /s/ Jennifer Parker Ainsworth Jennifer Parker Ainsworth TX Bar No. 00784720 WILSON, ROBERTSON & CORNELIUS, P.C. P.O. Box 7339 Tyler, Texas 75711 Telephone: [phone] Facsimile: [phone] [e-mail] Charles K. Verhoeven, CA Bar No. 170151 David A. Perlson, CA Bar No. 209502 LEAD ATTORNEY Jennifer A. Kash, CA Bar No. 203679 Rachel H. Smith, CA Bar No. 222075 QUINN EMANUEL URQUHART & SULLIVAN, LLP 50 California Street, 22nd Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] ATTORNEYS FOR DEFENDANTS GOOGLE INC., AOL LLC, and AMERICA ONLINE, INC.

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/s/ Jennifer Doan (with permission, JPA) 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] William C. Rooklidge HOWREY, LLP 4 Park Plaza, Suite 1700 Irvine CA 92614-2559 Telephone: [phone] [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] ATTORNEYS FOR DEFENDANT YAHOO! INC.

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/s/ Marc A. Fenster (with permission, JPA) Marc A. Fenster CA Bar No. 181067 [e-mail] Alexander C. Giza CA Bar No. 212327 [e-mail] David M. Pridham LAW OFFICE OF DAVID PRIDHAM 25 Linden Road Barrington, Rhode Island 02806 [phone] [phone] (fax) [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] 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)

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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

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 July, 2010. /s/ Jennifer P. Ainsworth Jennifer P. Ainsworth

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