FPX, LLC v. Google, Inc. et al

Filing 75

ORDER granting 74 Motion to Continue certain deadlines. Deadlines are set forth herein. Signed by Magistrate Judge Charles Everingham on 8/11/2010. (ch, )

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. § § § § § § § § § § § § § § § §

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

CLASS ACTION COMPLAINT

JURY TRIAL REQUESTED

ORDER GRANTING JOINT MOTION TO CONTINUE CERTAIN DEADLINES On this date came on for consideration Plaintiff FPX, LLC d/b/a Firepond ("Plaintiff") and Defendants Google Inc., YouTube, LLC, AOL Inc., Turner Broadcasting System, Inc., MySpace, Inc., and IAC/InterActiveCorp (collectively "Defendants") Joint Motion to Continue Class Certain Deadlines. Having considered the Motion, the Court is of the opinion that the same should be granted. It is therefore ORDERED that said Motion is GRANTED in its entirety and that the Court's November 6, 2009 Docket Control Order is modified as follows. All deadlines not specifically modified herein remain the same. 1. 2. 3. Deadline for Plaintiff to file Motion for Class Certification: September 17, 2010. Deadline for Defendants to file Opposition to Plaintiff's Motion for Class Certification: October 18, 2010. Deadline for Plaintiff to file a Reply to Defendants' Opposition to Plaintiff's Motion for Class Certification: November 1, 2010.

4. 5. 6. 7.

Deadline for Defendants to file a Sur-Reply on Plaintiff's Reply to Defendants' Opposition to Plaintiff's Motion for Class Certification: November 15, 2010. Hearing on Plaintiff's Motion for Class Certification: December 1, 2010, 9:30 a.m. Deadline to file a Daubert/Kumho challenge to any expert witness designated in accordance with the Docket Control Order: September 17, 2010. Plaint iffs may take the deposition of Defendants' expert, Dr. Itamar Simonson, after the close of discovery, namely, on a mutually agreeable date at the end of August, 2010.

SIGNED this 11th day of August, 2010.

___________________________________ CHARLES EVERINGHAM IV UNITED STATES MAGISTRATE JUDGE