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

Filing 288

Joint MOTION for Extension of Time to File Joint Motion to Extend Deadlines by Performance Pricing, Inc., Google Inc., AOL LLC. (Attachments: # 1 Text of Proposed Order Granting Joint Motion to Extend Deadlines)(O'Brien, Emily)

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

Doc. 288

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

PERFORMANCE PRICING, INC., Plaintiff, v. GOOGLE INC. and AOL LLC, Defendants. JOINT MOTION TO EXTEND DEADLINES TO THE HONORABLE JUDGE OF THIS COURT: Plaintiff Performance Pricing, Inc. ("Plaintiff") and Defendants Google Inc. and AOL LLC ("Defendants") file this unopposed motion and respectfully ask the Court to extend certain deadlines in this matter. The Court set various pretrial dates in its Docket Control Order (Dkt. 99), its November 25, 2009 Order Granting Motion for Extension of Time to File (Dkt. 260), its December 14, 2009 Order Granting Motion for Extension of Time to File Deadlines (Dkt. 267), and December 30, 2009 Order Amending Docket Control Order (Dkt. 282). The parties respectfully request modification of some of these deadlines as follows: Pleading/Disclosure Identification of Rebuttal Trial Witnesses Daubert Motions Pretrial disclosures Oppositions to Daubert Motions Current Deadline January 8, 2010 January 8, 2010 January 22, 2010 January 22, 2010 Proposed New Deadline January 22, 2010 February 5, 2010 February 8, 2010 February 22, 2010 JURY TRIAL DEMANDED Civil Action No. 2-07CV-432-RRR (Eastern District of Texas)

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Dockets.Justia.com

Objections to pretrial disclosures and rebuttal pretrial disclosures Objections to rebuttal pretrial disclosures Joint Pretrial Order, Joint Proposed Jury Instructions, Form of the Verdict, Proposed Finding of Fact and Conclusions of Law, and the Notice of Request for Daily Transcript or Real Time Reporting of the Court Replies to Daubert Motions

February 12, 2010

February 22, 2010

February 26, 2010 January 22, 2010

March 3, 2010 March 4, 2010

February 1, 2010

March 4, 2010

WHEREFORE, Plaintiff and Defendants respectfully request that the Court modify certain deadlines as outlined above. Plaintiff and Defendants seek these extensions of time not for delay but for good cause and that justice may be served.

DATED: January 6, 2010

/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 Michael E. Jones State Bar No. 10929400

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Potter Minton, A Professional Corporation 110 North College, Suite 500 Tyler, Texas 75702 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Defendants GOOGLE INC. and AOL LLC

/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] Jeff Rambin [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

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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 January 6, 2010.

/s/ Emily C. O'Brien Emily C. O'Brien, pro hac vice

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