FPX, LLC v. Google, Inc. et al

Filing 92

Unopposed MOTION to Withdraw by FPX, LLC. (Attachments: # 1 Text of Proposed Order Granting Unopposed Motion to Withdraw as Counsel of Record)(Whittlesey, David) (Additional attachment(s) added on 11/3/2010: # 2 REVISED ORDER) (ch, ).

FPX, LLC v. Google, Inc. et al

Doc. 92

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. (1) (2) (3) (4) (5) (6) 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) (2) GOOGLE, INC.; AND AOL, LLC Defendants. UNOPPOSED MOTION TO WITHDRAW AS COUNSEL All Plaintiffs in the above-captioned matters move this court for an order permitting the withdrawal of David P. Whittlesey and Ronald Casey Low of Andrews Kurth LLP from representation of Plaintiffs in these actions. Plaintiffs' other counsel remain of record. Civil Action No. 2:09-cv-00151-TJW-CE Civil Action No. 2:09-cv-00142-TJW CLASS ACTION COMPLAINT

JURY TRIAL REQUESTED

CLASS ACTION COMPLAINT JURY TRIAL DEMANDED

AUS:634821.1

Dockets.Justia.com

No parties oppose the withdrawal, and the withdrawal of David P. Whittlesey and Ronald Casey Low will not have a materially adverse effect on Plaintiffs as they are still represented by competent counsel who are fully capable of representing their interests. The Defendants are unopposed to this motion. Additionally, it is requested that David P. Whittlesey and Ronald Casey Low no longer receive CM/ECF notices for these actions. WHEREFORE, PREMISES CONSIDERED, Plaintiffs request this Court to grant the Motion to Withdraw. Dated: November 3, 2010 Respectfully submitted, By: /s/ David P. Whittlesey David P. Whittlesey Texas State Bar No. 00791920 E-mail: [e-mail] Ronald Casey Low Texas State Bar No. 24041363 E-mail: [e-mail] ANDREWS KURTH LLP 111 Congress Avenue, Suite 1700 Austin, Texas 78701 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs

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CERTIFICATE OF SERVICE I hereby certify that the counsel of record who are deemed to have consented to electronic service are being served on the 3rd day of November, 2010 with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3). Any other counsel of record will be served by electronic mail, facsimile transmission and/or first class mail on this same date. Charles L. "Chip" Babcock Email: [e-mail] David T. Moran Email: [e-mail] Carl C. Butzer Email: [e-mail] Shannon Zmud Teicher Email: [e-mail] JACKSON WALKER L.L.P. 901 Main Street, Suite 6000 Dallas, Texas 75202 214/953-6030 214/953-5822 ­ Fax Donald C Templin Email: [e-mail] Haynes & Boone ­ Dallas 2323 Victory Avenue Suite 700 Dallas , TX 75219 214/651-5590 214/200-0593 ­ Fax Attorneys for Defendants: Google Inc; YouTube, LLC; AOL, LLC; Turner Broadcasting System, Inc.; Myspace, Inc.; and IAC/Interactivecorp

Attorney for Defendants: AOL, LLC; and Turner Broadcasting System, Inc.

/s/ David P. Whittlesey David P. Whittlesey

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CERTIFICATE OF CONFERENCE The undersigned has conferred with counsel of record for the Defendants by email, and the Defendants do not oppose this motion. /s/ David P. Whittlesey David P. Whittlesey

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