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

Filing 265

Agreed MOTION to Amend/Correct Mediation Order by Performance Pricing, Inc., Google Inc., AOL LLC. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Agreed Motion to Amend Mediation Order, # 2 Text of Proposed Order Alternative Proposed Order Granting Agreed Motion to Amend Mediation Order)(O'Brien, Emily)

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

Doc. 265

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

PERFORMANCE PRICING, INC., Plaintiff, v. GOOGLE INC. and AOL LLC, Defendants. JURY TRIAL DEMANDED Civil Action No. 2-07CV-432-LED (Eastern District of Texas)

AGREED MOTION TO AMEND MEDIATION ORDER TO THE HONORABLE JUDGE OF THIS COURT: Plaintiff Performance Pricing, Inc. and Defendants Google Inc. and AOL LLC file this joint motion and respectfully ask the Court to amend the mediation order (Dkt. 102) entered in this matter. Pursuant to the Mediation Order, the parties are required to complete their second round of mediation by December 18, 2009. The parties engaged in a first round of mediation on August 13, 2009. The mediation did not lead to settlement between the parties. The parties do not believe that additional mediation would be beneficial at this stage. Moreover, the parties believe that additional mediation at this stage would lead to unnecessary expense and inefficient use of the parties' resources and the mediator's resources. Therefore, the parties respectfully request that the Court amend its order and withdraw the requirement for a second round of mediation. In the alternative, the parties request that the deadline for the second round of mediation be extended until after the Court has ruled on the parties' outstanding summary judgment

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motions. If the Court feels that a second round of mediation is necessary, the parties believe such mediation would be more productive after the Court has ruled on these motions. WHEREFORE, Plaintiff and Defendants respectfully request that the Court amend the Mediation Order as outlined above.

DATED: December 11, 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] 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 Defendants GOOGLE INC. and AOL LLC

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/s/ Rick Lyon (with permission by Emily C. O'Brien) Rick Lyon [e-mail] Gregory S. Dovel [e-mail] Sean Luner [e-mail] Christin Cho [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 December 11, 2009.

/s/ Emily C. O'Brien

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