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

Filing 339

Agreed MOTION for Extension of Time to File Bill of Costs and Motions for Exceptional Case, Attorneys' Fees and Costs by AOL LLC, Google Inc., Performance Pricing, Inc.. (Attachments: # 1 Text of Proposed Order)(Lisagor, Jamie)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

PERFORMANCE PRICING, INC., Plaintiff, v. GOOGLE INC. and AOL LLC, Defendants. AGREED MOTION TO EXTEND TIME FOR FILING BILL OF COSTS AND MOTIONS FOR EXCEPTIONAL CASE, ATTORNEYS' FEES AND COSTS 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. Defendants' bill of costs and motions for exceptional case, attorney's fees and costs are currently due Monday, April 5, 2010. In order to allow the parties adequate time to meet and confer on these issues prior to filing, the parties request an extension to Thursday, April 8. 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. JURY TRIAL DEMANDED Civil Action No. 2-07CV-432-RRR (Eastern District of Texas)

DATED: March 31, 2010

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

01002.51305/3414771.1

[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

/s/ Rick Lyon, with permission by Jamie L. Lisagor 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

01002.51305/3414771.1

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 March 31, 2010.

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

01002.51305/3414771.1