Paid Search Engine Tools, LLC v. Google, Inc. et al

Filing 42

TRANSCRIPT of Proceedings held on 10/27/08 before Judge Chad Everingham. Court Reporter/Transcriber: Susan Simmons, CSR,Telephone number: 903/935-3868. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 12/12/2008. Redacted Transcript Deadline set for 12/22/2008. Release of Transcript Restriction set for 2/19/2009. (lss, )

Paid Search Engine Tools, LLC v. Google, Inc. et al

Doc. 42

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEARANCES:

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION PAID SEARCH ENGINE TOOLS, LLC V. GOOGLE, INC. and MICROSOFT CORPORATION § § § § § § Civil Docket No. 2:08-CV-61-DF-CE Marshall, Texas October 27, 2008 11:05 a.m.

TRANSCRIPT OF SCHEDULING CONFERENCE BEFORE THE HONORABLE CHAD EVERINGHAM UNITED STATES MAGISTRATE JUDGE

FOR THE PLAINTIFF:

MS. ELIZABETH L. DeRIEUX Capshaw DeRieux, LLP 1127 Judson Road, Suite 220 Longview, Texas 75601 MR. ANDREW THOMPSON GORHAM Parker Bunt & Ainsworth 100 East Ferguson Suite 1114 Tyler, Texas 75702 MR. NICHOLAS H. PATTON Patton Tidwell & Schroeder 4605 Texas Boulevard P.O. Box 5398 Texarkana, Texas 75505 MR. ROGER BRIAN CRAFT Ramey & Flock 100 East Ferguson Suite 500 Tyler, Texas 75702

FOR THE DEFENDANTS:

COURT REPORTER/TRANSCRIBER:

MS. SUSAN SIMMONS, CSR Official Court Reporter 100 East Houston, Suite 125 Marshall, Texas 75670 903/935-3868

(Proceedings recorded by electronic recording, transcript produced on CAT system.)

Dockets.Justia.com

-21 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Judge Ward. Honor. in the case. you. All right. The Court has looked at your report Corporation. Honor. MR. CRAFT: We're ready. THE COURT: All right. Good morning to all of Brian Craft here for Microsoft PROCEEDINGS THE COURT: All right. We'll call for

announcements in Paid Search Engine Tools against Google. It's Case Number 2:08-CV-61. conference set today. Who's here for the Plaintiff? MS. DeRIEUX: Elizabeth DeRieux and Tom Gorham We've got a scheduling

for Plaintiff, Your Honor, and we're ready to proceed. THE COURT: MR. PATTON: Okay. Nick Patton for Google, Your

Y'all submitted to me, I believe, a docket Are there any objections to the

control order in the case.

dates, or is that all by agreement? MS. DeRIEUX: We've agreed to everything, Your

There is one wrinkle in this case I'd bring to your There is a -THE COURT: Additional case pending in front of

attention.

Is that against Yahoo? MS. DeRIEUX: It is.

-31 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Honor. fine. THE COURT: MS. DeRIEUX: Is that right? And we have spoken with counsel All the

for Yahoo regarding the proposed consolidation.

parties in this case are in agreement regarding the consolidation of the cases, and we are waiting on final word from the client in the Yahoo matter. submit something by agreement shortly. THE COURT: Okay. And the proposal is to -- to And we are hoping to

ask Judge Ward to transfer the Yahoo case to Judge Folsom for development in conjunction with this case? MS. DeRIEUX: THE COURT: That's correct. Is that correct? Okay. Putting

aside that issue, the schedule that y'all have submitted in this case is by agreement, correct? MS. DeRIEUX: THE COURT: It is, Your Honor. Okay. All right. How about

additional discovery issues? MS. DeRIEUX: Attached to the filing was

Exhibit B, and those are our proposed limitations on discovery, also by agreement. THE COURT: Okay. Those are -- appear to be

Y'all have a mediator in this case that y'all are

talking about? MS. DeRIEUX: We have discussed mediation, Your

I believe that the Defendants' position was that they

-41 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 are not yet ready to discuss mediation because it's too early and they need a little discovery, so we have not selected a mediator, but we have had some preliminary discussions. MR. PATTON: MR. CRAFT: THE COURT: That's correct, Your Honor. Correct. Well, do you think you know enough

about it to go -- to select a mediator or -MR. PATTON: Judge, my people tell me that they

do not know enough -- no matter who the mediator is, they just don't know enough to make a judgment about whether mediation is warranted early or not. THE COURT: Okay. Tell you what, I'll give you I -- I don't require

thirty days to talk about a mediator. mediation in all cases.

I mean, if -- Mr. Patton, if you come

back to me and say, Judge, it's -- we know enough now that mediation isn't going to be helpful, just file a motion to dispense with the need to mediate. But I'd like to at least

appoint someone so we can talk about schedules with the mediator. Sometimes those can get kind of tight. If you can't agree on a mediator, then tell me withing thirty days that you're unable to agree on a mediator and I'll select one. Where are y'all on your protective order? MS. DeRIEUX: Plaintiff is going to propose

that we adopt the protective order that's also in place in

-51 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Yahoo, and we'd like to coordinate with all Defendants to get those protective orders either identical or as close as possible. And the Defendants have agreed that they would

review it and we can get back to you -- I guess I need to let them talk about it in terms of -THE COURT: MS. DeRIEUX: THE COURT: MR. PATTON: MR. CRAFT: MR. PATTON: THE COURT: Sure. -- the appropriate timing. Thirty days enough time? Thirty days. That should be fine. That's fine, Judge. Okay. Let's -- either submit me an

agreed upon protective order within thirty days or submit me your competing versions. Mr. Patton, I'll not impose any kind of an early mediation deadline at this time in the docket control order, but I'm going to go ahead and set a mediation cutoff for completing it by -- to the extent you do go ahead and mediate. All right? All right. We've got you a schedule,

discovery, procedure for the protective order, procedure for appointing a mediator. What else can we do here today to

resolve the case sooner rather than later? MS. DeRIEUX: I had one additional question

from counsel for Defendants in Yahoo regarding whether we

-61 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Defendant? MR. CRAFT: MR. PATTON: THE COURT: Nothing from Microsoft, Your Honor. No, Your Honor. All right. That concludes my list we didn't know. THE COURT: Since this one's referred to me, my would be doing all pretrial matters, including Markman, in front of Your Honor in this matter, or if we know yet. told them I didn't know, but I would check with you. THE COURT: me; is that correct? MS. DeRIEUX: THE COURT: MS. DeRIEUX: THE COURT: MS. DeRIEUX: That's correct at this time. I don't know the answer to that. Okay. But -Then I was right when I told them The Yahoo case is not referred to And I

assumption would be that both cases would be referred to me for pretrial -- pretrial management, and I'll probably offer that to Judge Folsom in case -- to the extent this case -- the cases are consolidated, I'll probably advise him of that fact and let him know I'm happy to develop both of them. MS. DeRIEUX: THE COURT: MS. DeRIEUX: THE COURT: Okay. Okay? Thank you. All right. Anything else from the

-71 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 * of things to do today. safely. MS. DeRIEUX: THE COURT: Thank you, Your Honor. We're adjourned. Good to see y'all. Y'all travel

(Court adjourned.) * * * *

-81 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 __________________________________ SUSAN SIMMONS, CSR Official Court Reporter State of Texas No.: 267 Expiration date: 12/31/08 ______________________ DATE I HEREBY CERTIFY that the foregoing is a correct transcript from the electronic recording of the proceedings in the above-entitled matter to the best of my ability. CERTIFICATION