Software Rights Archive, LLC v. Google Inc. et al

Filing 100

Joint MOTION for Leave to File Excess Pages for Reply Brief in Support of Defendants' Motion to Dismiss by Google Inc., Yahoo! Inc., IAC Search & Media, Inc., AOL, LLC., Lycos, Inc.. (Attachments: # 1 Text of Proposed Order)(Walsh, Thomas)

Software Rights Archive, LLC v. Google Inc. et al

Doc. 100

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION SOFTWARE RIGHTS ARCHIVE, LLC v. GOOGLE INC., YAHOO! INC., IAC SEARCH & MEDIA, INC., AOL, LLC, AND LYCOS, INC. DEFENDANTS' UNOPPOSED MOTION FOR EXTRA PAGES FOR REPLY BRIEF IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS Defendants Google Inc., Yahoo! Inc., IAC Search & Media, Inc., AOL, LLC, and Lycos, Inc. (collectively, "Defendants"), through their undersigned counsel, respectfully move this Honorable Court for an unopposed request for extra pages for the Reply Brief which Defendants plan to file on November 10, 2008 in support of Defendants' Motion to Dismiss for Lack of Standing. In support of their request for an extension, Defendants state as follows: 1. Defendants filed a Motion to Dismiss for Lack of Standing on July 16, 2008 Civil Case No. 2:07-cv-511 (CE)

(Docket No. 66). 2. On July 17, 2008, Defendants consented to a request by the Plaintiff, Software

Rights Archive, LLC ("SRA"), for an extension for SRA to file its opposition brief. See Docket No. 67. 3. 4. SRA filed its opposition brief on August 25, 2008 (Docket No. 76). By Order dated October 15, 2008 (Docket No. 94), this Court granted Defendants

a further extension of time until and including November 10, 2008 to file their Reply Brief. 5. Pursuant to Local Rule 7(a)(1), Defendants' Reply Brief is limited to ten (10)

pages, excluding attachments.

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Dockets.Justia.com

6.

Defendants believe that they require additional pages to adequately respond to the

various arguments set forth in SRA' s opposition brief. 7. In order to adequately respond to the various arguments set forth in SRA' s

opposition brief, Defendants respectfully request that they be allowed up to and including thirty (30) pages for their Reply Brief, excluding attachments. 8. This request is not opposed by Plaintiff SRA.

WHEREFORE, Defendants respectfully request that they be granted leave to file a Reply Brief containing up to and including thirty (30) pages, excluding attachments, in support of Defendants' Motion to Dismiss for Lack of Standing.

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Dated: November 6, 2008

Respectfully submitted, By: /s/ Thomas B. Walsh, IV Juanita R. Brooks ­ Lead Attorney (CA Bar No. 75934) E-mail: [e-mail] Fish & Richardson P.C. 12390 El Camino Real San Diego, CA 92130 Telephone: [phone] Facsimile: [phone] Thomas B. Walsh, IV Texas Bar No. 00785173 Fish & Richardson P.C. 5000 Bank One Center 1717 Main Street Dallas, TX 75201 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Harry L. Gillam, Jr. Texas Bar No. 07921800 E-mail: [e-mail] Melissa R. Smith Texas Bar No. 24001351 E-mail: [e-mail] GILLAM & SMITH, L.L.P. 303 South Washington Avenue Marshall, TX 75670 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants GOOGLE INC. and AOL LLC

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By: /s/ Richard S. J. Hung (by permission) Michael A. Jacobs (CA Bar No. 111664) Richard S. J. Hung (CA Bar No. 197425) MORRISON & FOERSTER 425 Market Street San Francisco, CA 94105 Telephone: [phone] Facsimile: 415-268-7522 Email: [e-mail] Email: [e-mail] Otis Carroll Tex. Bar No. 03895700 IRELAND, CARROLL & KELLEY, P.C. 6101 S. Broadway, Suite 500 Tyler, Texas 75703 Tel: [phone] Fax: [phone] Email: [e-mail] Attorneys for Defendant YAHOO! INC.

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By: /s/ Jennifer A. Kash (by permission) Claude M. Stern (CA Bar No. 96737) Jennifer A. Kash (CA Bar No. 203679) QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP 5 55 Twin Dolphin Drive, Suite 560 Redwood Shores, CA 94065 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Email:[e-mail] Otis Carroll Tex. Bar No. 03895700 Collin Maloney Tex. Bar No. 00794219 IRELAND, CARROLL & KELLEY, P.C. 6101 S. Broadway, Suite 500 Tyler, Texas 75703 Tel: [phone] Fax: [phone] Email: [e-mail] Attorneys for Defendants IAC SEARCH & MEDIA, INC. and LYCOS, INC.

CERTIFICATE OF CONFERENCE The undersigned hereby certifies that a conference was previously held with Lee Kaplan, counsel for SRA, regarding the relief requested herein by Defendants ­ that Defendants be granted leave to file a Reply Brief containing up to and including thirty (30) pages, excluding attachments, in support of Defendants' Motion to Dismiss for Lack of Standing. Counsel for SRA stated that SRA does not oppose this request. /s/ Thomas B. Walsh, IV Thomas B. Walsh, IV

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CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the above and foregoing document has been served on November 6, 2008 to all counsel of record who are deemed to have consented to electronic service via the Court' s CM/ECF system per Local Rule CV-5(a)(3). /s/ Thomas B. Walsh, IV Thomas B. Walsh, IV

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