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

Filing 74

MOTION for Extension of Time to File Proposed Docket Control Order and Discovery Order by Google Inc.. (Attachments: # 1 Text of Proposed Order Granting Defendants' Unopposed Motion to Extend Time For Submitting Proposed Docket Control Order and Discovery Order)(Wolff, Jason)

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

Doc. 74

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 TO EXTEND TIME FOR SUBMITTING PROPOSED DOCKET CONTROL ORDER AND DISCOVERY ORDER Defendants Google Inc., Yahoo! Inc., IAC Search & Media, Inc., AOL LLC, and Lycos, Inc. (collectively, "Defendants") move the Court for an unopposed extension of time to submit a proposed Docket Control Order and proposed Discovery Order to the Court. I. BRIEF BACKGROUND 1. On July 29, 2008, the Court held a Status Conference. The parties appeared and Civil Case No. 2:07-cv-511 (CE)

all consented to trial before United States Magistrate Everingham. 2. Jury selection for this matter is currently scheduled for May 2, 2011. The claim

construction hearing is currently scheduled for November 10, 2010. 3. By Order signed June 26, 2008 (Dkt. No. 65), the Court ordered the parties to

submit their proposed docket control order and discovery order to the Court on August 12, 2008. If the parties were unable to resolve their disagreements concerning these orders, the Court further ordered the parties to submit their competing proposals to the Court along with a summary of their disagreements by this same date.

DEFENDANTS' UNOPPOSED MOTION TO EXTEND TIME FOR SUBMITTING PROPOSED DOCKET CONTROL ORDER AND DISCOVERY ORDER - Page 1

Dockets.Justia.com

II.

RELIEF REQUESTED Defendants request a 30 day extension of time, until and including September 11, 2008,

for the parties to confer and (1) submit a proposed joint docket control order and discovery order to the Court or (2) submit competing versions of same if agreement cannot be reached. Jury selection is not scheduled until May 2, 2011, so there will be no adverse consequences to the Court's schedule by granting this brief extension. In addition, this motion is not opposed by Plaintiff. WHEREFORE, Defendants respectfully request a 30 day extension of time, until and including September 11, 2008, for the parties to confer and (1) submit a proposed joint docket control order and discovery order to the Court or (2) submit competing versions of same if agreement cannot be reached.

DEFENDANTS' UNOPPOSED MOTION TO EXTEND TIME FOR SUBMITTING PROPOSED DOCKET CONTROL ORDER AND DISCOVERY ORDER - Page 2

Dated: August 11, 2008

Respectfully submitted, By: /s/ Jason W. Wolff Juanita R. Brooks ­ Lead Attorney (CA Bar No. 75934) E-mail: [e-mail] Jason W. Wolff (CA Bar No. 215819) 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

DEFENDANTS' UNOPPOSED MOTION TO EXTEND TIME FOR SUBMITTING PROPOSED DOCKET CONTROL ORDER AND DISCOVERY ORDER - Page 3

By: /s/Richard S. J. Hung 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] Michael E. Jones Texas Bar No. 10929400 Potter Minton, A Professional Corporation 110 North College, Suite 500 Tyler, Texas 75702 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendant YAHOO! INC.

DEFENDANTS' UNOPPOSED MOTION TO EXTEND TIME FOR SUBMITTING PROPOSED DOCKET CONTROL ORDER AND DISCOVERY ORDER - Page 4

By: /s/Jennifer A. Kash Claude M. Stern (CA Bar No. 96737) Jennifer A. Kash (CA Bar No. 203679) QUINN EMANUEL URQUHART 5 OLIVER & HEDGES, LLP 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.

DEFENDANTS' UNOPPOSED MOTION TO EXTEND TIME FOR SUBMITTING PROPOSED DOCKET CONTROL ORDER AND DISCOVERY ORDER - Page 5

CERTIFICATE OF CONFERENCE The undersigned hereby certifies that counsel for the Plaintiff has been contacted regarding the relief requested in this motion and that Plaintiff has indicated that Plaintiff does not oppose the relief requested. /s/ Jason W. Wolff Jason W. Wolff

CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the above and foregoing document has been served on August 11, 2008 on 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/ Jason W. Wolff Jason W. Wolff

DEFENDANTS' UNOPPOSED MOTION TO EXTEND TIME FOR SUBMITTING PROPOSED DOCKET CONTROL ORDER AND DISCOVERY ORDER - Page 6