Rosetta Stone LTD v. Google Inc.

Filing 276

Joint MOTION to Amend/Correct or Alter Deadlines by Google Inc., Rosetta Stone LTD. (Attachments: # 1 Proposed Order)(Allen, Warren)

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.

JOINT MOTION TO ALTER OR AMEND DEADLINES
COMES NOW Plaintiff Rosetta Stone Ltd. and Defendant Google Inc. (collectively, the
“parties”), by counsel, pursuant to the Federal Rules of Civil Procedure, and file this Joint
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, the parties agreed that:
a. Updated pretrial disclosures, including Rule 26(a)(3) disclosures, exhibit lists,
witness lists and a written stipulation of uncontested facts, were to be filed by
October 19, 2012, and objections to updated pretrial disclosures were to be
filed by October 26, 2012.
b. Motions for reconsideration/summary judgment were to be filed by October
12, 2012, oppositions were to be filed by October 26, 2012, replies were to be
filed by November 2, 2012, and the motions were to be noticed for hearing on
November 9, 2012 at 10:00 a.m.
c. Motions in limine were to be filed by October 26, 2012, oppositions were to
be filed by November 2, 2012, replies, if any, were to be filed by November 6,

2012, and the motions were to be noticed for hearing on November 9, 2012 at
10:00 a.m.
3.

The parties have agreed that in view of the current status of discovery, including

ongoing depositions and expert reports that the parties have worked diligently together to
schedule, the deadlines should be changed as follows:
a. Updated pretrial disclosures, including Rule 26(a)(3) disclosures, exhibit lists,
witness lists and a written stipulation of uncontested facts, shall be filed by
November 2, 2012, and objections to updated pretrial disclosures shall be filed
by November 16, 2012.
b. Motions for reconsideration/summary judgment shall be filed by October 19,
2012, oppositions shall be filed by November 2, 2012, replies shall be filed by
November 9, 2012, and the motions shall be noticed for hearing on November
16, 2012 at 10:00 a.m.
c. Motions in limine shall be filed by November 2, 2012, oppositions shall be
filed by November 9, 2012, replies, if any, shall be filed by November 14,
2012, and the motions shall be noticed for hearing on November 16, 2012 at
10:00 a.m.
4.

No other dates are affected by this motion.

WHEREFORE, in consideration of the foregoing the parties respectfully request that the
Court enter the Proposed Order attached hereto as Exhibit A and grant them such other and
further relief as the Court deems just and appropriate.

The parties waive oral argument.
Respectfully Submitted,

ROSETTA STONE LTD
By counsel
/s/
Warren T. Allen, Esquire (VSB No. 72691)
Mitchell S. Ettinger, Esquire (Admitted Pro Hac Vice)
Jennifer L. Spaziano, Esquire (Admitted Pro Hac Vice)
SKADDEN ARPS SLATE MEAGHER & FLOM LLP
1440 New York Ave NW
Washington, DC 20005-2111
202-371-7126
202-661-9063 (facsimile)
[e-mail]
Counsel for Plaintiff Rosetta Stone Ltd.
SEEN AND AGREED
/s/
Jonathan D. Frieden, Esquire (VSB No. 41452)
Stephen A. Cobb, Esquire (VSB No. 75876)
ODIN, FELDMAN & PITTLEMAN, P.C.
1775 Wiehle Avenue, Suite 400
Reston, Virginia 20190
[phone]
[phone] (facsimile)
[e-mail]
[e-mail]
Margret M. Caruso, Esquire (Admitted Pro Hac Vice)
QUINN, EMANUEL, URQUHART & SULLIVAN LLP
555 Twin Dolphin Drive, Fifth Floor
Redwood Shores, California 94065
[phone]
[phone] (facsimile)
[e-mail]
Counsel for Defendant Google Inc.

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 10th day of October, 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:
Jonathan D. Frieden, Esquire (VSB No. 41452)
Stephen A. Cobb, Esquire (VSB No. 75876)
ODIN, FELDMAN & PITTLEMAN, P.C.
1775 Wiehle Avenue, Suite 400
Reston, Virginia 20190
[phone]
[phone] (facsimile)
[e-mail]
[e-mail]
Counsel for Defendant Google Inc.

/s/
Warren T. Allen, Esquire (VSB No. 72691)
Mitchell S. Ettinger, Esquire (Admitted Pro Hac Vice)
Jennifer L. Spaziano, Esquire (Admitted Pro Hac Vice)
SKADDEN ARPS SLATE MEAGHER & FLOM LLP
1440 New York Ave NW
Washington, DC 20005-2111
202-371-7126
202-661-9063 (facsimile)
[e-mail]
Counsel for Plaintiff Rosetta Stone Ltd.