Rosetta Stone LTD v. Google Inc.

Filing 77

Consent MOTION to Amend/Correct 64 Pretrial Conference - Final, Set Hearings,, 65 NOTICE, Briefing Schedule by Rosetta Stone LTD, Google Inc.. (Attachments: # 1 Exhibit A)(Frieden, Jonathan)

Rosetta Stone LTD v. Google Inc.

Doc. 77

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA (Alexandria Division) ROSETTA STONE LTD. Plaintiff, v. GOOGLE INC. Defendant. CONSENT MOTION TO SET OR AMEND BRIEFING SCHEDULE COMES NOW Defendant Google Inc., by counsel, pursuant to the Federal Rules of Civil Procedure, and files this Consent Motion to Set or Amend Briefing Schedule, setting forth the following: 1. On February 18, 2010, the Final Pretrial Conference in this action was held before CIVIL ACTION NO. 1:09cv736 (GBL / TCB)

United States District Judge Gerald Bruce Lee. At the Final Pretrial Conference, this action was set for a six-day jury trial, beginning May 3, 2010, and the parties agreed to a briefing schedule for summary judgment motions. Counsel for Defendant understood that the parties had agreed to file summary judgment motions by March 26, 2010 and set those matters for hearing on April 23, 2010. However, the Minute Entry for the Final Pretrial Conference requires summary judgment motions to be heard by March 16, 2010. 2. By Order entered February 4, 2010 (Doc. No. 54), discovery in this matter does

not close until March 12, 2010. For this reason, and due to the complexity of the issues presented, the parties, in agreement, hereby ask the Court to extend the deadline for filing of summary judgment motions to March 26, 2010. All other deadlines will remain unchanged. 2. WHEREFORE, in consideration of the foregoing the parties respectfully request

that the Court enter the Consent Order attached hereto as Exhibit A and grant them such other

Dockets.Justia.com

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/ Warren Thomas Allen , II Clifford M. Sloan 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] [e-mail] Counsel for Plaintiff Rosetta Stone Ltd.

CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 26th day of February, 2010, 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:: Warren Thomas Allen, II SKADDEN ARPS SLATE MEAGHER & FLOM LLP 1440 New York Ave NW Washington, DC 20005-2111 202-371-7126 Fax: [phone] Email: [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.
#1197743v1