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

Filing 334

RESPONSE in Opposition re 333 Opposed MOTION for Extension of Time to File filed by Performance Pricing, Inc.. (Lyon, Richard)

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Case 2:07-cv-00432-RRR Document 334 Filed 03/09/10 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION PERFORMANCE PRICING, INC., Plaintiff, v. GOOGLE INC., AOL LLC, MICROSOFT CORPORATION, YAHOO! INC., IAC SEARCH & MEDIA, INC., and A9.COM, INC., Defendants. Case No. 2:07-cv-432 (RRR) JURY TRIAL DEMANDED Plaintiff's Opposition to Motion to Extend Deadlines Case 2:07-cv-00432-RRR Document 334 Filed 03/09/10 Page 2 of 4 Plaintiff Performance Pricing opposes Defendants' motion 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. As Plaintiff explained to Defendants, Plaintiff is willing to grant a modest extension of time to the extent the parties need the additional time to adequately prepare the filings. Indeed, Plaintiff has been very accommodating in this regard and has repeatedly agreed to Defendants' requests for extensions. However, Plaintiff cannot continue to postpone date after date simply because "no pretrial conference or trial date is scheduled in this case." Motion at 1. Plaintiff is preparing to go to trial in April and believes this case should be litigated accordingly. See December 2009 Pre-Trial Conference transcript at 67:3-5 ("I would also set a trial which would occur in April, if it's necessary. It would occur sometime between April 12th and April 30th."). Dated: March 9, 2010 By: /s/ Richard E. Lyon Richard E. Lyon CA State Bar No. 229288 Email: rick@dovellaw.com Gregory S. Dovel CA State Bar No. 135387 Email: greg@dovellaw.com Sean Luner CA State Bar No. 165443 Email: sean@dovellaw.com Dovel & Luner, LLP 201 Santa Monica Blvd., Suite 600 Santa Monica, CA 90401 Telephone: 310-656-7066 Facsimile: 310-657-7069 S. Calvin Capshaw State Bar No. 03783900 Elizabeth L. DeRieux State Bar No. 05770585 Capshaw DeRieux, L.L.P. Energy Centre 1127 Judson Road, Ste 220 P. O. Box 3999 (75606-3999) 1 Case 2:07-cv-00432-RRR Document 334 Filed 03/09/10 Page 3 of 4 Longview, Texas 75601-5157 Telephone: (903) 236-9800 Facsimile: (903) 236-8787 Email: capshaw@capshawlaw.com Email: ederieux@capshawlaw.com Robert M. Parker State Bar No. 15498000 Email: rmparker@cox-internet.com Robert Christopher Bunt State Bar No. 00787165 Email: cbunt@cox-internet.com Parker & Bunt, P.C. 100 East Ferguson, Ste. 1114 Tyler, TX 75702 Telephone: 903/531-3535 Facsimile: 903/533-9687 ATTORNEYS FOR PLAINTIFF PERFORMANCE PRICING, INC. 2 Case 2:07-cv-00432-RRR Document 334 Filed 03/09/10 Page 4 of 4 CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the above and foregoing document was served, via the Court's CM/ECF system per Local Rule CV-5(a)(3), on counsel for Defendants this 9th day of March, 2010. /s/ Richard E. Lyon Richard E. Lyon 3

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