PA Advisors, LLC v. Google Inc. et al

Filing 85

Consent MOTION to Withdraw Defendant 24/7 Real Media Inc.'s Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6), or in the Alternative, for a More Definite Statement Pursuant to Fed. R. Civ. P. 12(e), respectfully submitted by 24/7 Real Media, Inc.. (Attachments: #1 Text of Proposed Order)(Blank, James)

PA Advisors, LLC v. Google Inc. et al

Doc. 85

Case 2:07-cv-00480-TJW

Document 85

Filed 01/22/2008

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

PA ADVISORS, LLC, Plaintiff, -against(1) GOOGLE INC., (2) YAHOO! INC., (3) FACEBOOK, INC., (4) CONTEXTWEB, INC., (5) SPECIFIC MEDIA, INC., (6) FAST SEARCH & TRANSFER ASA, (7) FAST SEARCH & TRANSFER, INC., (8) AGENT ARTS, INC., (9) SEEVAST CORPORATION. (10) PULSE 360, INC., (11) WPP GROUP USA, INC., (12) WPP GROUP PLC, AND (13) 24/7 REAL MEDIA, INC., Defendants. CONSENT MOTION TO WITHDRAW DEFENDANT 24/7 REAL MEDIA, INC.'S MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(6), OR IN THE ALTERNATIVE, FOR A MORE DEFINITE STATEMENT PURSUANT TO FED R. CIV. P. 12(e) On December 27, 2007, Defendant 24/7 Real Media, Inc. filed a Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6), or in the Alternative, for a More Definite Statement Pursuant to Fed R. Civ. P. 12(e) (the "Motion to Dismiss") (Docket No. 52). Plaintiff PA Advisors has since filed its First Amended Complaint on January 7, 2008 (Docket No. 58), and opposed the Motion to Dismiss on January 11, 2008 (Docket No. 66). CIVIL ACTION NO. 2:07-CV-480 TJW

Dockets.Justia.com

Case 2:07-cv-00480-TJW

Document 85

Filed 01/22/2008

Page 2 of 3

In light of the filing of the First Amended Complaint, 24/7 Real Media hereby moves the Court for leave to withdraw the Motion to Dismiss. PA Advisors consents to this motion. This motion to withdraw the Motion to Dismiss is made without prejudice to 24/7 Real Media's right to move for dismissal or a stay of PA Advisors' First Amended Complaint. Dated: New York, New York January 22, 2008 Respectfully submitted, By:__/s/ James S. Blank_____ Harry L. Gillam, Jr. Bar #: 07921800 GILLAM & SMITH, L.L.P. 303 S. Washington Avenue Marshall, TX 75670 Tel.: [phone] Fax: [phone] Email: [e-mail] James Blank (admitted pro hac vice) LATHAM & WATKINS LLP 885 Third Avenue New York, New York 10022 Tel.: [phone] Fax: [phone] Email: [e-mail] Attorneys for Defendant 24/7 Real Media, Inc.

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Case 2:07-cv-00480-TJW

Document 85

Filed 01/22/2008

Page 3 of 3

CERTIFICATE OF SERVICE The Undersigned hereby certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a), and was served on all counsel who have consented to electronic service. Local Rule 5(a)(3)(A).

By: /s/ James S. Blank James S. Blank

CERTIFICATE OF CONFERENCE The Undersigned hereby certifies that, pursuant to Local Rule CV-7(h), we have conferred with opposing counsel in a good faith effort to resolve the matter. Plaintiff PA Advisors does not oppose this motion.

By: /s/ James S. Blank James S. Blank

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