Northeastern University et al v. Google, Inc.,

Filing 98

Joint MOTION for Extension of Time to Complete Discovery (For Expert Reports and Discovery Deadline) by Google, Inc.,, Jarg Corporation, Northeastern University. (Attachments: # 1 Text of Proposed Order)(DeRose, Zeke)

Northeastern University et al v. Google, Inc.,

Doc. 98

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION NORTHEASTERN UNIVERSITY and JARG CORPORATION Plaintiffs, Case No. 2:07-CV-486-CE v. GOOGLE INC. Defendant. JOINT MOTION TO EXTEND TIME FOR EXPERT REPORTS AND DISCOVERY DEADLINE Plaintiffs Northeastern University and Jarg Corporation ("Northeastern and Jarg") and defendant Google Inc. ("Google") file this Joint Motion to Extend Time for Expert Reports and Discovery Deadline. Counsel for Northeastern and Jarg and Google have conferred and have agreed upon mutually agreeable deadlines for the exchange of expert reports and the close of discovery. As set forth in the Court's August 21, 2008 Docket Control Order (Docket No. 33), opening expert reports are due fifteen (15) days after the claim construction ruling is entered, rebuttal expert reports are due thirty (30) days after the claim construction ruling is entered, and February 4, 2011 is the last day to complete discovery. The parties wish to modify the deadlines for expert reports and the close of discovery and request that (i) opening expert reports now be due 15 days after the claim construction ruling is entered, or on December 15, 2010, whichever date is later; (ii) rebuttal expert reports now be due 30 days after the claim construction ruling is entered, or on January 6, 2011, whichever date is later; and (iii) the discovery deadline be rescheduled for February 11, 2011. The requested extension will not affect other dates in the Court's Docket Control Order

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or Discovery Order. Good cause exists for this Motion, and this Motion is not sought for purposes of delay.

Respectfully submitted, /s/ Zeke DeRose, III William B. Dawson (TX SBN 05603600) Karen L. Hirschman (TX SBN 09721500) VINSON & ELKINS L.L.P. 2001 Ross Avenue, Suite 3700 Dallas, Texas 75201-2975 Tel: [phone] Fax: [phone] [e-mail], [e-mail] David B. Weaver (TX SBN 00798576) David P. Blanke (TX SBN 02453600) David R. Woodcock, Jr. (TX SBN 24028140) Christopher V. Ryan (TX SBN 24037412) Michael Valek (TX SBN 24044028) R. Floyd Walker (TX SBN 24044751) Stephen C. Stout (TX SBN 24060672) James D. Shead (TX SBN 24070609) Zeke DeRose, III (TX SBN 24057421) 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], [e-mail], [e-mail], [e-mail] /s/ Jason W. Wolff Michael E. Jones (TX SBN 10929400 POTTER MINTON A Professional Corporation 110 N. College, Suite 500 Tyler, Texas 75702 Tel: [phone] Fax: [phone] [e-mail] Ruffin B. Cordell (TX SBN 04820550) FISH & RICHARDSON P.C. 1425 K Street, N.W., 11th Floor Washington, DC 20005-3500 Telephone: [phone] Facsimile: [phone] [e-mail] Jason W. Wolff (CA SBN 215819) Frank J. Albert (Admitted pro hac vice) FISH & RICHARDSON P.C. 12390 El Camino Real San Diego, California 92130 Tel: [phone] Fax: [phone] [e-mail] [e-mail]

Otis W Carroll, Jr. (TX SBN 03895700) Collin Maloney (TX SBN 00794219) IRELAND CARROLL & KELLEY 6101 S Broadway, Suite 500 Tyler, Texas 75703 Tel: [phone] Fax: [phone] [e-mail] Attorneys for Plaintiffs Northeastern University and Jarg Corporation

Howard G. Pollack (Admitted pro hac vice) Shelley Kay Mack (Admitted pro hac vice) Jerry T. Yen (CA SBN 247988) Enrique D. Duarte (Admitted pro hac vice) FISH & RICHARDSON P.C. 500 Arguello Street, Suite 500 Redwood City, California 94063 Tel: [phone] Fax: [phone] [e-mail] [e-mail] [e-mail] [e-mail] Attorneys for Defendant Google Inc.

CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this document was served on all counsel who are deemed to have consented to electronic service. Local Rule CV-5(a)(3)(A). All other counsel of record not deemed to have consented to electronic service were served with a true and correct copy of the foregoing by email and/or fax, on this the 21st day of October, 2010.

/s/Zeke DeRose, III Zeke DeRose, III