Northeastern University et al v. Google, Inc.,

Filing 187

Unopposed MOTION for Leave to File Excess Pages to Opposition to Pltfs Mot to Exclude Expert Testimony of W. Christopher Bakewell by Google, Inc.,. (Attachments: # 1 Text of Proposed Order Proposed Order)(Mack, Shelley)

Northeastern University et al v. Google, Inc.,

Doc. 187

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

NORTHEASTERN UNIVERSITY and JARG CORPORATION, Plaintiffs, v. GOOGLE INC., Defendant. Civil Action No. 2:07-CV-486- CE Jury Trial Demand

DEFENDANT GOOGLE INC.'S UNOPPOSED MOTION FOR LEAVE TO EXCEED PAGE LIMIT Defendant Google Inc. ("Google") files this Unopposed Motion for Leave to Exceed Page Limit concerning Defendant Google Inc.'s Opposition to Plaintiffs' Motion to Exclude the Expert Testimony of W. Christopher Bakewell. Defendant's Opposition is filed at Dkt. No. 186, and Plaintiffs' initial Motion to Exclude may be found at Dkt. No. 147. Defendant Google respectfully shows as follows: Google seeks leave to file its Opposition to Plaintiffs' Motion to Exclude the Expert Testimony of W. Christopher Bakewell ("the Opposition"), which is 22 pages in length, excluding exhibits. The Opposition exceeds the page limit set forth in Local Rule CV-7(a)(2) by 7 pages, excluding exhibits. The additional pages are necessary because of the sheer number of issues raised in Plaintiffs' initial Motion to Exclude requiring responsive briefing. The additional pages are also necessitated by the severity of the relief sought by Plaintiffs, including, inter alia, the exclusion of the testimony, analysis, and opinions of W. Christopher Bakewell, Google's damages expert.
DEFENDANT GOOGLE INC.'S UNOPPOSED MOTION FOR LEAVE TO EXCEED PAGE LIMIT -Page 1

Dockets.Justia.com

Google's counsel has conferred with counsel for Plaintiffs, and said counsel is not opposed to this Motion. Dated: March 28, 2011 Respectfully submitted, FISH & RICHARDSON P.C. By: /s/ Shelley K. Mack Jennifer Parker Ainsworth (SBN 00784720) [e-mail] WILSON, ROBERTSON &CORNELIUS, P.C. 909 ESE Loop 323, Suite 400 Tyler, TX 75701 Telephone: [phone] Facsimile: [phone] Michael E. Jones (SBN 10929400) [e-mail] POTTER MINTON 110 N. College, Suite 500 Tyler, TX 75702 Telephone: [phone] Facsimile: [phone] Ruffin B. Cordell (SBN 04820550) [e-mail] FISH & RICHARDSON P.C. 1425 K Street, N.W., 11th Floor Washington, DC 20005-3500 Telephone: [phone] Facsimile: [phone] Jason W. Wolff (CA SBN 215819) [e-mail] Frank Albert (Admitted Pro Hac Vice) [e-mail] FISH & RICHARDSON P.C. 12390 El Camino Real San Diego, CA 92130 Telephone: [phone] Facsimile: [phone]

DEFENDANT GOOGLE INC.'S UNOPPOSED MOTION FOR LEAVE TO EXCEED PAGE LIMIT -Page 2

Jennifer N. Scarpati (Admitted Pro Hac Vice) [e-mail] FISH & RICHARDSON P.C. 601 Lexington Avenue, 52nd Floor New York, NY 10022-4611 Telephone: [phone] Facsimile: [phone] Howard G. Pollack (Admitted Pro Hac Vice) [e-mail] Shelley K. Mack (Admitted Pro Hac Vice) [e-mail] Jerry T. Yen (CA SBN 247988) [e-mail] Enrique D. Duarte (Admitted Pro Hac Vice) [e-mail] FISH & RICHARDSON P.C. 500 Arguello Street, Suite 500 Redwood City, CA 94063 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant GOOGLE INC.
50458266.doc

DEFENDANT GOOGLE INC.'S UNOPPOSED MOTION FOR LEAVE TO EXCEED PAGE LIMIT -Page 3

CERTIFICATE OF SERVICE The undersigned hereby certifies that on March 28, 2011, a true and correct copy of the above and foregoing document was served on all counsel of record who are deemed to have consented to electronic service via the Court's CM/ECF system pursuant to Local Rule CV-5(a)(3). Any other counsel of record not deemed to have consented to electronic service were served by email and/or U.S. Mail on March 28, 2011. /s/ Shelley K. Mack Shelley K. Mack

DEFENDANT GOOGLE INC.'S UNOPPOSED MOTION FOR LEAVE TO EXCEED PAGE LIMIT -Page 4

CERTIFICATE OF CONFERENCE The undersigned hereby certifies that counsel for Google has complied with the meet and confer requirements under Local Rule CV-7(h). Counsel for the parties conducted a meet and confer via email on March 28, 2011, and the present motion is unopposed. /s/ Shelley K. Mack Shelley K. Mack

DEFENDANT GOOGLE INC.'S UNOPPOSED MOTION FOR LEAVE TO EXCEED PAGE LIMIT -Page 5