FPX, LLC v. Google, Inc. et al

Filing 69

NOTICE of Disclosure by AOL, LLC., Google, Inc., IAC/InterActiveCorp, MySpace, Inc., Turner Broadcasting System, Inc., YouTube, LLC Defendants' Notice of Expert Disclosure (Babcock, Charles)

FPX, LLC v. Google, Inc. et al

Doc. 69

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION FPX, LLC d/b/a FIREPOND, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. GOOGLE, INC., YOUTUBE, LLC, AOL, LLC, TURNER BROADCASTING SYSTEM, INC., MYSPACE, INC. AND IAC/INTERACTIVECORP, Defendants. THE RODNEY A. HAMILTON LIVING TRUST and JOHN BECK AMAZING PROFITS, LLC, Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. (1) GOOGLE INC.; AND (2) AOL LLC, Defendants. § § § § § § § § § § § § § § § § § § § § § § § § § § § § § §

Civil Action No. 2:09-cv-00142-TJW

CLASS ACTION COMPLAINT

JURY TRIAL REQUESTED

Civil Action No. 2:09-cv-00151-TJW-CE

CLASS ACTION COMPLAINT

JURY TRIAL REQUESTED

DEFENDANTS' NOTICE OF EXPERT DISCLOSURE Defendants Google Inc. ("Google"), YouTube, LLC, AOL Inc., Turner Broadcasting System, Inc.,1 MySpace, Inc. and IAC/INTERACTIVECORP2 (collectively, the "Defendants") respectfully submit this Notice of Expert Disclosure as follows:

1

Turner is not a proper defendant concerning the acts complained of in this action and should be dismissed. Turner does not waive, but rather expressly reserves, its rights. Based on the allegations in the complaint - which are denied

Defendants' Notice of Expert Disclosure ­ Page 1
Dockets.Justia.com

Defendants notify the Court and all counsel of record that today, pursuant to this Court's order of April 28, 2010 [Docket No. 62], they disclosed to Plaintiffs FPX, LLC, The Rodney Hamilton Living Trust and John Beck Amazing Profits, LLC their consolidated expert report and designation for all expert witnesses upon whom they intend to rely in support of their briefing in opposition to class certification. These disclosures were served by electronic mail and first class mail.

- it appears that one of Turner's subsidiaries, CNN Interactive Group, Inc. ("CNN Interactive") is the proper defendant. 2 The proper defendant is IAC/InterActiveCorp's subsidiary, IAC Search & Media, Inc.

Defendants' Notice of Expert Disclosure ­ Page 2

Respect fully submitted, /s/ Charles L. Babcock CHARLES L. "CHIP" BABCOCK Texas State Bar No. 01479500 JACKSON WALKER L.L.P. 901 Main Street, Suite 6000 Dallas, Texas 75202 [phone] [phone]- Fax Email: [e-mail] DAVID T. MORAN Texas State Bar No. 14419400 JACKSON WALKER L.L.P. 901 Main Street, Suite 6000 Dallas, Texas 75202 [phone] [phone] - Fax Email: [e-mail] CARL C. BUTZER Texas State Bar No. 03545900 JACKSON WALKER L.L.P. 901 Main Street, Suite 6000 Dallas, Texas 75202 [phone] [phone] - Fax Email: [e-mail] ATTORNEYS FOR DEFENDANTS

Defendants' Notice of Expert Disclosure ­ Page 3

CERTIFICATE OF SERVICE I hereby certify that on July 7, 2010, I electronically submitted the foregoing document with the clerk of the court for the U.S. District Court, Eastern District of Texas, using the electronic case files system of the court. The electronic case files system sent a "Notice of Electronic Filing" to individuals who have consented in writing to accept this Notice as service of this document by electronic means. 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 first class mail today, July 7, 2010.

/s/ Charles L. Babcock Charles L. Babcock

Defendants' Notice of Expert Disclosure ­ Page 4