Rockstar Consortium US LP et al v. Google Inc

Filing 280

Unopposed MOTION to Stay All Deadlines and Notice of Settlement by NetStar Technologies LLC, Rockstar Consortium US LP. (Attachments: # 1 Text of Proposed Order)(Nelson, Justin)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
ROCKSTAR CONSORTIUM US LP
AND NETSTAR TECHNOLOGIES
LLC,
Plaintiffs,

Case No. 2:13-cv-00893-JRG-RSP

v.
GOOGLE INC.,
Defendant.

UNOPPOSED MOTION TO STAY ALL DEADLINES AND NOTICE OF
SETTLEMENT
Pursuant to the Court’s June 3, 2014 Standing Order regarding notification of settlements,
Plaintiffs report that on November 12, 2014 a binding Term Sheet was executed that settles, in
principle, all matters in controversy between the parties.

Accordingly, Plaintiffs Rockstar

Consortium US LP and NetStar Technologies LLC (“Rockstar”), pursuant to the terms of the
Term Sheet, request that the Court order that the deadlines in case be stayed 45 days, until
December 29, 2014, while the Term Sheet is reduced to a definitive agreement. This period (45
days from the Term Sheet) is necessary due to the complexity of the transaction and the number
of additional parties whose claims are concurrently being resolved. Google does not oppose this
request. Rockstar does not believe that the trial date should be moved at this point. Google
believes that, given the current trial date and the remaining schedule, the requested stay would
make the current trial date not practicable. (See e.g. Dkt., 266.) Thus, it is Google’s position
that, should the stay be granted, all remaining dates, including the trial date in this action, should
be either vacated, or moved 45 days.

DATED: November 17, 2014

Respectfully submitted,

By: /s/ Justin A. Nelson
Max L. Tribble, Jr. – Lead Counsel
State Bar No. 20213950
Alexander L. Kaplan, State Bar No. 24046185
John P. Lahad, State Bar No. 24068095
Shawn Blackburn, State Bar No. 24089989
SUSMAN GODFREY L.L.P.
1000 Louisiana Street, Suite 5100
Houston, Texas 77002
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Justin A. Nelson, State Bar No. 24034766
Parker C. Folse, III, WA State Bar No. 24895
SUSMAN GODFREY L.L.P.
1201 Third Ave, Suite 3800
Seattle, Washington 98101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Amanda K. Bonn, CA State Bar No. 270891
Meng Xi, CA State Bar No. 280099
SUSMAN GODFREY L.L.P.
1901 Avenue of the Stars, Suite 950
Los Angeles, CA 90067-6029
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
T. John Ward, Jr., State Bar No. 00794818
Claire Abernathy Henry, State Bar No. 24053063
WARD & SMITH LAW FIRM
P.O. Box 1231
Longview, TX 75606-1231
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
S. Calvin Capshaw, State Bar No. 03783900
Elizabeth L. DeRieux, State Bar No. 05770585

D. Jeffrey Rambin, State Bar No. 00791478
CAPSHAW DERIEUX, LLP
114 E. Commerce Ave.
Gladewater, TX 75647
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Rockstar Consortium US LP and
NetStar Technologies LLC

CERTIFICATE OF CONFERENCE
I hereby certify that the parties have met and conferred on the 17th day of November, 2014
and counsel for Defendants are unopposed as to the disposition of the matters raised in this motion.

/s/ Justin A. Nelson

CERTIFICATE OF SERVICE
I hereby certify that all counsel of record, who are deemed to have consented to
electronic service are being served this 17th day of November, 2014 with a copy of this
document via the Court’s CM/ECF system per Local Rule CD-5(a)(3).

/s/ Justin A. Nelson