Performance Pricing, Inc. v. Google Inc. et al

Filing 210

Joint MOTION to extend deadlines for expert disclosures, discovery and dispositive motions by Performance Pricing, Inc., Google Inc., AOL LLC, Microsoft Corporation. (Attachments: # 1 Text of Proposed Order Granting Joint Motion to Extend Deadlines for Expert Disclosures, Discovery and Dispositive Motions)(O'Brien, Emily) Modified on 6/22/2009 (ljw, ).

Performance Pricing, Inc. v. Google Inc. et al

Doc. 210

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

PERFORMANCE PRICING, INC., Plaintiff, v. GOOGLE INC.; AOL LLC; MICROSOFT CORP.; YAHOO! INC.; AND IAC SEARCH & MEDIA, INC., Defendants. JOINT MOTION TO EXTEND DEADLINES FOR EXPERT DISCLOSURES, DISCOVERY AND DISPOSITIVE MOTIONS TO THE HONORABLE JUDGE OF THIS COURT: Plaintiff Performance Pricing, Inc. ("Plaintiff") and Defendants Google Inc., AOL LLC, and Microsoft Corporation ("Defendants") file this joint motion and respectfully ask the Court to extend five deadlines in this matter. Plaintiff and Defendants would show the Court as follows: 1. Pursuant to the Court's Docket Control Order issued on May 14, 2008, the parties JURY TRIAL DEMANDED Civil Action No. 2-07CV-432-LED (Eastern District of Texas)

with the burden of proof are required to designate expert witnesses and produce expert reports on August 17, 2009. The deadline for designation of responsive expert witnesses and production of responsive expert reports is September 18, 2009. The deadline to complete all discovery is October 16, 2009. The deadline to file dispositive motions (including Daubert motions) is November 12, 2009. And the last day to respond to all such motions is December 10, 2009. 2. Plaintiff and Defendants request an extension of these deadlines in order to

provide additional time between the claim construction hearing, which occurred on June 18, 2009, and the designation of experts and service of expert reports in this matter. An extension

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would provide the parties with the opportunity to incorporate the Court's claim construction order into their expert reports. This extension would also provide the parties with the opportunity to take expert discovery of the designated expert witnesses after these reports have been served, and incorporate such discovery into any dispositive motions the parties may file. 3. Plaintiff and Defendants believe an extension of these deadlines would be helpful,

and therefore respectfully request this Court to extend the deadlines as follows: Deadline for parties with the burden of proof to designate expert witnesses, and expert reports due to September 18, 2009; Deadline to designate responsive expert witnesses, and expert reports due to October 30, 2009; Discovery deadline to November 13, 2009; Last day to file dispositive motions (including Daubert) to November 20, 2009; and Last day to respond to dispositive motions (including Daubert) to December 18, 2009. 4. Plaintiff and Defendants seek these extensions of time not for delay but for good

cause and that justice may be served. WHEREFORE, Plaintiff and Defendants request that the Court extend the deadlines in this case as outlined above.

DATED: June 19, 2009

/s/ Emily C. O'Brien Charles K. Verhoeven [e-mail] David A. Perlson [e-mail] Jennifer A. Kash [e-mail] Antonio R. Sistos [e-mail] Emily C. O'Brien [e-mail]

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QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP 50 California Street, 22nd Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: 415.875.6700 David J. Beck Texas Bar No. 00000070 [e-mail] Michael E. Richardson State Bar No. 24002838 [e-mail] Beck, Redden & Secrest, L.L.P. One Houston Center 1221 McKinney St., Suite 4500 Houston, TX. 77010 [phone] [phone] (Fax) Attorneys for Defendant GOOGLE INC. and AOL LLC

/s/ Laura A. Kolb (with permission by Emily C. O'Brien) Eric H. Findlay Ramey & Flock, P.C. 100 E. Ferguson, Suite 500 Tyler, Texas 757 02-0629 [phone] [phone] (FAX) Richard A. Cederoth Laura A. Kolb SIDLEY AUSTIN LLP One South Dearborn Street Chicago, IL 60603 Telephone: [phone] Facsimile: 312-853-7036 Attorneys for Defendant MICROSOFT CORPORATION

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/s/ Christin Cho (with permission by Emily C. O'Brien) Christin Cho [e-mail] Gregory S. Dovel [e-mail] Sean Luner [e-mail] DOVEL & LUNER, LLP 201 Santa Monica Blvd., Suite 600 Santa Monica, CA 90401 Telephone: [phone] Facsimile: 310-657-7069 Calvin Capshaw [e-mail] Elizabeth DeRieux [e-mail] N. Claire Abernathy [e-mail] CAPSHAW DERIEUX, LLP 1127 Judson Road, Suite 220 Longview, TX 75601 Telephone: [phone] Facsimile: 903-236-8787 Robert Parker [e-mail] Christopher Bunt [e-mail] Charles Ainsworth [e-mail] PARKER, BUNT & AINSWORTH PC 100 East Ferguson, Ste. 1114 Tyler, TX 75702 Telephone: [phone] Facsimile: 903-533-9687 Attorneys for Plaintiff PERFORMANCE PRICING, INC.

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CERTIFICATE OF SERVICE The undersigned hereby certifies that all counsel of record who are deemed to have consented to electronic service are being served with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3) on June 19, 2009.

/s/ Emily C. O'Brien

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