Rosetta Stone LTD v. Google Inc.

Filing 140

Memorandum in Support re 139 MOTION to Continue April 9, 2010 Hearing on Google's Motion to Dismiss Count VII filed by Rosetta Stone LTD. (Allen, Warren)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION

____________________________________
ROSETTA STONE LTD.,
)
)
Plaintiff,
)
)
vs.
)
)
GOOGLE INC.,
)
)
Defendant.
)
____________________________________)

Case No. 1:09-cv-00736 (GBL/TCB)

MEMORANDUM OF LAW IN SUPPORT OF THE UNOPPOSED
MOTION OF ROSETTA STONE LTD. TO CONTINUE TO APRIL 23, 2010
THE HEARING ON GOOGLE’S MOTION TO DISMISS COUNT VII OF
THE FIRST AMENDED COMPLAINT
Plaintiff Rosetta Stone Ltd., by counsel, hereby moves this Court for an order continuing
to April 23, 2010, the hearing on Google Inc.’s Motion to Dismiss Count VII of the First
Amended Complaint. Rosetta Stone has coordinated with Defendant Google Inc. on this Motion
and Google has advised that it does not oppose the Motion. In support of this Motion, Rosetta
Stone submits the following:
1.

On March 5, 2010, Rosetta Stone filed its First Amended Complaint in the

captioned matter in which it added a claim for unjust enrichment under Virginia common law.
2.

On March 19, 2010, Google filed a motion to dismiss the unjust enrichment claim.

3.

Google’s motion to dismiss is currently scheduled to be heard on April 9, 2010 at

10:00 a.m.
4.

On March 26, 2010, Rosetta Stone filed a motion for partial summary judgment

as to liability and Google filed a motion for summary judgment. In accordance with this Court’s

February 18, 2010 Order, the motions for summary judgment are scheduled to be heard on April
23, 2010 at 10:00 a.m.
5.

Because the parties are scheduled to appear before the Court on April 23, 2010,

and because the motion to dismiss raises issues that also are raised in the summary judgment
motions, it is in the interest of judicial economy to have the motions heard on the same day.
WHEREFORE, Rosetta Stone respectfully requests that the hearing on Google’s Motion
to Dismiss Count VII of the First Amended Complaint be continued to April 23, 2010 at 10:00
a.m.
Respectfully submitted,
April 2, 2010
Date

/s/
Warren T. Allen II (Va. Bar No. 72691)
Attorney for Rosetta Stone Ltd.
Skadden, Arps, Slate, Meagher & Flom LLP
1440 New York Avenue, N.W.
Washington, D.C. 20005-2111
Telephone: [phone]
Facsimile: [phone]
[e-mail]

CERTIFICATE OF SERVICE
I hereby certify that on April 2, 2010, I will electronically file the foregoing with
the Clerk of Court using the CM/ECF system, which shall send notification of such filing (NEF)
to the following:
Jonathan D. Frieden
ODIN, FELDMAN & PETTLEMAN, P.C.
9302 Lee Highway, Suite 1100
Fairfax, VA 22031
[e-mail]
Counsel for Defendant, Google Inc.
Respectfully submitted,
April 2, 2010
Date

/s/
Warren T. Allen II (Va. Bar No. 72691)
Attorney for Rosetta Stone Ltd.
Skadden, Arps, Slate, Meagher & Flom LLP
1440 New York Avenue, N.W.
Washington, D.C. 20005-2111
Telephone: [phone]
Facsimile: [phone]
[e-mail]