Northeastern University et al v. Google, Inc.,

Filing 59

Joint MOTION for Extension of Time to Complete Discovery by Google, Inc.,. (Attachments: # 1 Text of Proposed Order Granting Joint Motion to Extend Time)(Albert, Francis)

Northeastern University et al v. Google, Inc.,

Doc. 59

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

JOINT MOTION TO EXTEND TIME Plaintiffs Northeastern University and Jarg Corporation ("Plaintiffs") and Defendant Google Inc. ("Google") hereby jointly move this Court for an extension of time for the deadline to produce all liability related documents, an extension of time for the deadline for P. R. 4 disclosures and briefing, and an extension of time for discovery on claim construction issues. As set forth in the Court's May 11, 2009 Order, "the parties are granted until and including June 5, 2009 to produce a copy of all documents, electronically stored information, and tangible things in the possession, custody, or control of the party that are relevant to liability related issues involved in this action." Dkt. No. 57. The parties seek a roughly one month extension--until July 2, 2009--of that deadline. Both parties have been cooperating to aid in the identification of liability related materials and have made substantial progress in their production. As set forth in the Court's August 21, 2008 Docket Control Order, the deadline for complying with P. R. 4-2 is June 12, 2009; the deadline for complying with P. R. 4-3 is July 10, 2009; the discovery deadline for claims construction issues is August 14, 2009; the deadline for

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complying with P. R. 4-5(a) is September 4, 2009; the deadline for complying with P. R. 4-5(b) is October 2, 2009; and the deadline for complying with P.R. 4-5(c) is October 26, 2009. Dkt. No. 33. The parties seek a seven week extension of these deadlines as follows: December 14, 2009 November 20, 2009 October 23, 2009 October 2, 2009 August 28, 2009 July 31, 2009 Comply with P.R. 4-5(c) Comply with P. R. 4-5(b). Comply with P. R. 4-5(a). Discovery deadline-claims construction issues. Comply with P. R. 4-3. Comply with P. R. 4-2.

The extension will not affect the resolution of this matter ­ the claim construction hearing is not until October 6, 2010 ­ or other dates in the Court' s Docket Control Order or Discovery Order. Good cause exists for this Motion, and this Motion is not sought for purposes of delay.

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Dated: June 4, 2009

/s/ Francis Albert Michael E. Jones (TX Bar No. 10929400) POTTER MINTON 110 N. College, Suite 500 Tyler, Texas 75702 Tel: [phone] Fax: [phone] [e-mail] Ruffin B. Cordell (TX Bar No. 04820550) FISH & RICHARDSON P.C. 1425 K Street, N.W., 11th Floor Washington, DC 20005-3500 Tel: [phone] Fax: [phone] [e-mail] Jason W. Wolff Francis Albert (Admitted Pro Hac Vice) FISH & RICHARDSON, P.C. 12390 El Camino Real San Diego, California 92130 Tel: [phone] Fax: [phone] [e-mail] Howard G. Pollack (Admitted Pro Hac Vice) Shelley Kay Mack (Admitted Pro Hac Vice) Jerry T. Yen (CA Bar No. 247899) FISH & RICHARDSON, P.C. 500 Arguello Street, Suite 500 Redwood City, CA 94063 Tel: [phone] Fax: [phone] [e-mail] [e-mail] [e-mail] Counsel for Defendant Google, Inc.

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Respectfully submitted, /s/ Stephen C. Stout (by permission) William B. Dawson (Tx Bar No. 05603600) VINSON & ELKINS L.L.P. 3700 Trammel Crow Center 3001 Ross Avenue Dallas, Texas 75201-2975 Tel: [phone] Fax: [phone] E-mail: [e-mail] David B. Weaver (TX Bar No. 00798576) Christopher V. Ryan (TX Bar No. 24037412) Michael Valek (TX Bar No.24044028) R. Floyd Walker (TX Bar No. 24044751) Stephen C. Stout (TX Bar No. 24060672) VINSON & ELKINS L.L.P. 2801 Via Fortuna, Suite 100 Austin, Texas 78746 Tel: [phone] Fax: [phone] E-mail: [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] Otis W Carroll, Jr. (TX Bar No. 03895700) Collin Maloney (TX Bar No. 00794219) IRELAND CARROLL & KELLEY 6101 S Broadway, Suite 500 Tyler, TX 75703 Tel: [phone] Fax: [phone] Email: [e-mail]

Counsel for Plaintiffs Northeastern University and Jarg Corporation

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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 June 4, 2009. Any other counsel of record will be served by first class mail on this same date. /s/ Francis Albert Francis Albert

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