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

Filing 333

Opposed MOTION for Extension of Time to File by Google Inc., AOL LLC. (Attachments: # 1 Text of Proposed Order)(Lisagor, Jamie)

Case 2:07-cv-00432-RRR Document 333

Filed 03/09/10 Page 1 of 3

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

PERFORMANCE PRICING, INC., Plaintiff, v. GOOGLE INC. and AOL LLC, Defendants. DEFENDANTS' OPPOSED MOTION TO EXTEND DEADLINES Defendants Google Inc. and AOL LLC ("Defendants") respectfully ask the Court to extend the deadline for the joint pretrial order, joint proposed jury instructions, proposed findings of fact and conclusions of law, form of the verdict, and notice of request for daily transcript from March 11, 2010 to March 18, 2010. This short extension will allow the parties adequate time to prepare, exchange, and file these documents. Indeed, Plaintiff has not yet provided Defendants with its sections of these joint filings. The requested extension will have no effect on any other dates in this case. There is currently no pretrial conference or trial date scheduled in this case.1 Nor will Plaintiff suffer any prejudice if this brief extension is granted. Nevertheless, Plaintiff refuses to agree to this extension. Accordingly, Defendants respectfully request that the Court modify certain deadlines as outlined above.
1

Civil Action No. 2-07CV-432-RRR (Eastern District of Texas) JURY TRIAL DEMANDED

On January 12, 2010, the Court vacated the pre-trial conference and trial dates. (Dkt. 295.) On February 18, the Court extended certain pre-trial deadlines. (Dkt. 317.) On March 5, the Court further extended the deadlines for motions in limine to March 15, and replies to Daubert motions to March 22. (Dkt. 332.)

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Case 2:07-cv-00432-RRR Document 333

Filed 03/09/10 Page 2 of 3

DATED: March 9, 2010

/s/ Jamie L. Lisagor Charles K. Verhoeven [e-mail] David A. Perlson [e-mail] Jamie L. Lisagor [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 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

01002.51305/3359648.1

Case 2:07-cv-00432-RRR Document 333

Filed 03/09/10 Page 3 of 3

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 March 9, 2010.

/s/ Jamie L. Lisagor Jamie L. Lisagor, pro hac vice

CERTIFICATE OF CONFERENCE I am counsel for Defendants Google and AOL. On March 4, 2010, I called Rick Lyon, counsel for Plaintiff Performance Pricing, Inc., to request a one-week extension on the deadline for the joint pretrial order, joint proposed jury instructions, proposed findings of fact and conclusions of law, form of the verdict, and notice of request for daily transcript. On March 5, Mr. Lyon rejected this request, but suggested Defendants contact Plaintiff again closer to the deadline. I left a message for Mr. Lyon the evening of March 5, again requesting this one-week extension. On March 8, Mr. Lyon confirmed that Plaintiff would not agree to this extension and that Plaintiff would file a short opposition explaining the basis for its refusal if Defendants filed an opposed motion. Defendants therefore file this motion opposed. /s/ Jamie L. Lisagor Jamie L. Lisagor, pro hac vice

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