Rosetta Stone LTD v. Google Inc.

Filing 258

Consent MOTION to Amend/Correct or Alter Deadlines by Google Inc.. (Attachments: # 1 Proposed Order)(Cobb, Stephen)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
(Alexandria Division)
ROSETTA STONE LTD.
Plaintiff,
CIVIL ACTION NO. 1:09cv736
(GBL / TRJ)

v.
GOOGLE INC.
Defendant.

CONSENT MOTION TO ALTER OR AMEND DEADLINES
COMES NOW Defendant Google Inc., by counsel, pursuant to the Federal Rules of Civil
Procedure, and files this Consent Motion to Alter or Amend Deadlines, setting forth the
following:
1.

On July 17, 2012, the Honorable Theresa Carol Buchanan entered a Scheduling

Order (Dkt. No. 248) adopting the parties’ Joint Discovery Plan (Dkt. No. 247).
2.

As part of the Joint Discovery Plan, certain deadlines were adopted for Defendant

Google’s filing of Motions in Limine. Specifically, the parties agreed that the Motions in Limine
were to be filed by August 10, 2012, Oppositions to be filed by August 17, 2012, and Replies (if
any) to be filed by August 22, 2012. As part of the Joint Discovery Plan, the Motions in Limine
were to be heard on August 31, 2012.
3.

On Friday August 10, 2012, the parties agreed to alter the filing deadlines and a

Consent Motion (Dkt. No. 249) was filed requesting that the deadlines be changed as follows:
Motions in Limine to be filed by August 15, 2012, Oppositions to be filed by August 24, 2012,
and Replies (if any) to be filed by August 29, 2012.
4.

By further agreement, the parties now request that the hearing date be changed

from August 31, 2012 until September 7, 2012.

WHEREFORE, in consideration of the foregoing the parties respectfully request that the
Court enter the Proposed Consent Order attached hereto as Exhibit A and grant them such other
and further relief as the Court deems just and appropriate.
Respectfully Submitted,
GOOGLE INC.
By counsel
/s/
Jonathan D. Frieden, Esquire (VSB No. 41452)
Stephen A. Cobb, Esquire (VSB No. 75876)
ODIN, FELDMAN & PITTLEMAN, P.C.
9302 Lee Highway, Suite 1100
Fairfax, Virginia 22031
[phone]
[phone] (facsimile)
[e-mail]
[e-mail]
Margret M. Caruso, Esquire (Admitted Pro Hac Vice)
QUINN, EMANUEL, URQUHART, OLIVER & HEDGES, LLP
555 Twin Dolphin Drive, Suite 560
Redwood Shores, California 94065
[phone]
[phone] (facsimile)
[e-mail]
Counsel for Defendant Google Inc.
SEEN AND AGREED
/s/
Mitchell S. Ettinger
Jennifer L. Spaziano
SKADDEN ARPS SLATE MEAGHER & FLOM LLP
1440 New York Ave NW
Washington, DC 20005-2111
202-371-7126
202-661-9063 (facsimile)
[e-mail].

[e-mail]
Counsel for Plaintiff Rosetta Stone Ltd.

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 17th day of August, 2012, I will electronically file the
foregoing with the Clerk of Court using the CM/ECF system, which will then send a notification
of such filing (NEF) to the following:
Mitchell S. Ettinger
Jennifer L. Spaziano
Skadden Arps Slate Meagher & Flom LLP
1440 New York Ave NW
Washington, DC 20005-2111
202-371-7126
202-661-9063 (facsimile)
[e-mail].
[e-mail]
Counsel for Plaintiff Rosetta Stone Ltd.

/s/
Jonathan D. Frieden, Esquire (VSB No. 41452)
Stephen A. Cobb, Esquire (VSB No. 75876)
ODIN, FELDMAN & PITTLEMAN, P.C.
9302 Lee Highway, Suite 1100
Fairfax, Virginia 22031
[phone]
[phone] (facsimile)
[e-mail]
[e-mail]
Counsel for Defendant Google Inc.
#1770355v1