PA Advisors, LLC v. Google Inc. et al

Filing 383

Unopposed MOTION for Leave to File for the Court to Consider Timely Plaintff's Response to Defendant Yahoo! Inc.'s Motion to Strike New Infringement Opinions and Theories in the January 22 Supplemental Expert Report by PA Advisors, LLC. (Attachments: #1 Text of Proposed Order)(Wiley, Elizabeth)

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PA Advisors, LLC v. Google Inc. et al Doc. 383 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION PA ADVISORS, LLC, Plaintiff, v. GOOGLE INC., et al., Defendants. Civil Action No. 2:07-cv-480-RRR JURY TRIAL DEMANDED PLAINTIFF NXN TECH, LLC'S: UNOPPOSED MOTION FOR LEAVE TO EXCEED THE PAGE LIMITS BY ONE AND ONE-HALF PAGES FOR PLAINTIFF'S RESPONSE TO DEFENDANTS' MOTION FOR SANCTIONS AND ACCEPT PLAINTIFF'S EXHIBITS [DKT NO. 379] IN SUPPORT OF RESPONSE [DKT NO. 377] AS TIMELY FILED AND UNOPPOSED MOTION FOR LEAVE TO CONSIDER TIMELY PLAINTIFF'S RESPONSE TO DEFENDANT YAHOO! INC.'S MOTION TO STRIKE NEW INFRINGEMENT OPINION AND THEORIES IN THE JANUARY 22, SUPPLEMENTAL EXPERT REPORT Plaintiff nXn Tech, LLC (f/k/a PA Advisors, LLC) ("nXn") respectfully files this Motion, in which it seeks the Court's leave on the following. 1. With regard to Plaintiff's Response to the Defendants' Motion for Sanctions filed on January 25, 2010, Plaintiff seeks the following: (i) leave of Court to allow a 16.3 page response to that Motion for Sanctions--meaning the as-filed version, or proposed to be filed version, exceeds by 1.3 pages the limit stated in the Court's order that the response "should not exceed 15 pages" (Dkt. No. 374); (ii) consider that filing timely in terms of the Court's noon deadline, issued the previous day, for the Plaintiff's Response to that motion and attached exhibits. Although the response has a file stamp confirmation of 12 noon--the Court's deadline--in the interest of meeting the deadline for the response, the exhibits were filed separately, and officially considered filed at 1:08 p.m. Counsel for Defendant Google and counsel for Defendant Yahoo have stated they are unopposed to this relief. 2. With regard to the Response of Plaintiff to Defendant Yahoo! Inc.'s Motion To Strike New Infringement Opinion and Theories in the January 22 Supplemental Report ("Motion to Strike"), Plaintiff requests the Court's leave to accept the 12:07 p.m. filing as timely in light of the Court's noon deadline. Counsel for Yahoo has indicated it is unopposed to this relief as well. Dated: January 28, 2010 Andrew W. Spangler LEAD COUNSEL SPANGLER LAW P.C. 208 N. Green Street, Suite 300 Longview, Texas 75601 (903) 753-9300 (903) 553-0403 (fax) David M. Pridham LAW OFFICE OF DAVID PRIDHAM 25 Linden Road Barrington, Rhode Island 02806 (401) 633-7247 (401) 633-7247 (fax) John M. Bustamante Texas Bar No. 24040618 BUSTAMANTE, P.C. 54 Rainey Street, No. 721 Austin, Texas 78701 Tel. 512.940.3753 Fax. 512.551.3773 Kip Glasscock Texas State Bar No. 08011000 KIP GLASSCOCK P.C. 550 Fannin, Suite 1350 Beaumont, TX 77701 Tel: (409) 833-8822 Fax: (409) 838-4666 Email: Respectfully submitted, By: /s/ Elizabeth A. Wiley Marc A. Fenster, CA Bar No. 181067 CA Bar No. 181067 Andrew Weiss CA Bar No. 232974 Adam Hoffman CA Bar No. 218740 RUSS, AUGUST & KABAT 12424 Wilshire Blvd., 12th Floor Los Angeles, CA 90025 (310) 826-7474 (310) 826-6991 (fax) Patrick R. Anderson PATRICK R. ANDERSON PLLC 4225 Miller Rd, Bldg. B-9, Suite 358 Flint, MI 48507 (810) 275-0751 (248) 928-9239 (fax) Debera W. Hepburn, Texas Bar No. 24049568 HEPBURN LAW FIRM PLLC P.O. Box 118218 Carrollton, TX 75011 Telephone: 214/403-4882 Facsimile: 888/205-8791 Email: Elizabeth A. Wiley Texas State Bar No. 00788666 THE WILEY FIRM PC P.O. Box. 303280 Austin, Texas 78703-3280 Telephone: (512) 420.2387 Facsimile: (512) 551.0028 Email: 2 CERTIFICATE OF SERVICE I hereby certify that the counsel of record who are deemed to have consented to electronic service are being served today with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3). Any other counsel of record will be served by electronic mail, facsimile transmission and/or first class mail on this same date. January 28, 2010 \s\ Elizabeth A. Wiley Elizabeth A. Wiley 3

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