Public Engines v. Reportsee

Filing 29

Defendant's MOTION for Leave to File Excess Pages re: Memorandum Opposing Plaintiff's Motion for Preliminary Injunction filed by Defendant Reportsee. (Attachments: # 1 Text of Proposed Order) Motions referred to Samuel Alba.(Reymann, David)

Jeffrey J. Hunt (5855) David C. Reymann (8495) PARR BROWN GEE & LOVELESS 185 South State Street, Suite 800 Salt Lake City, Utah 84111 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] Walter E. Diercks (pro hac vice) RUBIN, WINSTON, DIERCKS, HARRIS, & COOK, LLP 1201 Connecticut Avenue NW, Suite 200 Washington, D.C. 20036 Email: [e-mail]

Joshua A. Glikin (pro hac vice) BOWIE & JENSEN, LLC 29 West Susquehanna Avenue Suite 600 Towson, Maryland 21204 Email: [e-mail]

Attorneys for Defendant ReportSee, Inc. ______________________________________________________________________________ IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION PUBLIC ENGINES, INC., a Delaware corporation, Plaintiff, vs. REPORTSEE, INC., a Delaware corporation, Defendant. Case No. 2:10-cv-317 Judge Tena Campbell DEFENDANT'S EX PARTE MOTION FOR LEAVE TO FILE OVERLENGTH MEMORANDUM OPPOSING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION

Pursuant to DUCivR 7-1(e), Defendant ReportSee, Inc. ("ReportSee"), through its undersigned counsel, respectfully moves the Court for an Order granting leave to file an overlength Memorandum Opposing Plaintiff's Motion for Preliminary Injunction. The proposed

memorandum contains approximately 36 pages of argument, an excess of approximately 11 pages. ReportSee submits that good cause and exceptional circumstances justify the need for extension of the specified 25-page limitation. Plaintiff Public Engines, Inc. ("Plaintiff") has filed a 32-page brief asserting that Plaintiff is likely to succeed on the merits of all six of its claims in this case, including a claim under federal law that also provides for criminal penalties. The issues raised by Plaintiff are complicated, and the criminal issues warrant a lengthier discussion of Plaintiff's alleged likelihood of success on the merits. In addition, Plaintiff's claims raise serious First Amendment concerns, the discussion of which adds additional length to the memorandum. Finally, Plaintiff's motion essentially seeks by preliminary injunction all of the relief to which it would be entitled at the conclusion of the trial in this matter. The broad scope and severity of Plaintiff's requested relief justify the additional length of ReportSee's brief. Accordingly, ReportSee respectfully requests that leave be granted. A proposed form of Order granting this motion is attached hereto. DATED this 13th day of May 2010. /s/ David C. Reymann Jeffrey J. Hunt David C. Reymann PARR BROWN GEE & LOVELESS and Joshua A. Glikin BOWIE & JENSEN, LLC and Walter E. Diercks RUBIN, WINSTON, DIERCKS, HARRIS, & COOK, LLP Attorneys for Defendant ReportSee, Inc.
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CERTIFICATE OF SERVICE I hereby certify that on the 13th day of May 2010, I filed the foregoing DEFENDANT'S EX PARTE MOTION FOR LEAVE TO FILE OVERLENGTH MEMORANDUM OPPOSING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION via the CM/ECF system, which electronically served the following counsel of record: Alan L. Sullivan Todd M. Shaughnessy J. Elizabeth Haws SNELL & WILMER LLP 15 West South Temple, Suite 1200 Beneficial Tower Salt Lake City, Utah 84101-1004 Mark Lambert Mark Weinstein COOLEY GODWARD KRONISH, LLP Five Palo Alto Square Palo Alto, California 94306-2109 /s/ David C. Reymann

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