IP Innovation LLC et al v. Google, Inc.

Filing 91

***REPLACES # 90 *** MOTION for Extension of Time to Complete Discovery Plaintiffs' Motion To Extend Expert Report Deadlines by IP Innovation LLC, Technology Licensing Corporation. (Attachments: # 1 Certificate of Conference, # 2 Declaration of David J. Mahalek, # 3 Text of Proposed Order)(Hall, Douglas) Modified on 11/10/2009 (ch, ).

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION IP INNOVATION L.L.C. AND TECHNOLOGY LICENSING CORPORATION, Plaintiffs, v. GOOGLE, INC., Defendant. ) ) ) ) ) ) ) ) ) ) )

CASE NO. 2:07cv503-LED JURY TRIAL DEMANDED

CERTIFICATE OF CONFERENCE Plaintiffs, pursuant to Local Rule CV-7(i), hereby submit the following certificate of conference in conjunction with their Motion to Extend Expert Report deadlines. 1. On November 4, 2009, Plaintiffs' counsel, Douglas M. Hall, contacted

Defendant's counsel, Elizabeth Brannen, by telephone and requested that Defendant agree to extend the expert report deadlines. Defendant's counsel stated that she would confer with her client and respond to Plaintiffs. 2. On November 5, 2009, Plaintiffs' counsel, Douglas M. Hall, sent a follow-up e-

mail to Defendant's counsel, Elizabeth Brannen, seeking an update on the request to extend expert report deadlines. Defendant's counsel responded later that day that Defendant was

considering the proposal and would respond as soon as possible. 3. On November 6, 2009, Defendant's counsel, Anna Lee, sent an e-mail which

stated that "Google is not amenable to extending the current schedule." Later that day Douglas M. Hall and Elizabeth Brannen had a further discussion but were unable to resolve the issue.

4.

The parties have completed the "meet and confer" requirements of Local Rule

CV-7(h), and are at an impasse which they require the Court to resolve. Google opposes the current motion. Respectfully submitted,

/s/ Douglas M. Hall Raymond P. Niro Joseph N. Hosteny Arthur A. Gasey Paul C. Gibbons Douglas M. Hall David J. Mahalek NIRO, SCAVONE, HALLER & NIRO 181 West Madison, Suite 4600 Chicago, Illinois 60602 Telephone: [phone] Facsimile: [phone] T. John Ward Jack Wesley Hill Ward & Smith 111 W. Tyler St. Longview, Texas 75601 Telephone: [phone] Toll Free [phone] Facsimile: [phone] ATTORNEYS FOR IP INNOVATION L.L.C. and TECHNOLOGY LICENSING CORPORATION