I/P Engine, Inc. v. AOL, Inc. et al

Filing 413

MOTION to Expedite and Memorandum in Support of Motion to Expedite Briefing on Motion to Dismiss ((Dkt. No. 293)) by AOL Inc., Gannett Company, Inc., Google Inc., IAC Search & Media, Inc., Target Corporation. (Attachments: # 1 Exhibit 1)(Noona, Stephen)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION

I/P ENGINE, INC.
Plaintiff,
v.

Civil Action No. 2:11-cv-512

AOL INC., et al.,
Defendants.
MOTION AND MEMORANDUM IN SUPPORT OF MOTION TO EXPEDITE
BRIEFING ON DEFENDANTS’ MOTION TO DISMISS
The Defendants Google, Inc., Target Corporation, IAC Search & Media, Inc., Gannet
Co., Inc. and AOL Inc. (collectively “Defendants”), respectfully move this Court to expedite the
briefing on the Defendants’ Motion To Dismiss (Dkt. No. 293), and in support thereof, state as
follows:
1. Trial in this matter before a jury is scheduled to begin on October 16, 2012 and the Final
Pretrial Conference is scheduled for October 5, 2012.
2. The Defendants’ Motion to Dismiss (Dkt. No. 293), filed September 21, 2102, seeks to
dismiss several defendants because the Plaintiff has failed to establish subject matter
jurisdiction over those defendants, a prerequisite for proceeding to trial.
3. The Defendants’ Motion to Dismiss presently will not be fully briefed until after the Final
Pretrial Conference. Because the resolution of this matter will materially impact trial, the
Defendants’ Motion to Dismiss needs to be briefed in an expeditious manner to insure
that issue is completed prior to the Final Pretrial and resolved prior to trial.

4. The parties have agreed to and this Court has ordered a more expeditious briefing
schedule for the parties’ respective Motions in Limine and Daubert Motions (Dkt. No.
290) to accomplish this same goal. In addition, for this same reason, this Court has
expedited several discovery sanctions motions that were filed on the same day as
Defendants’ Motion to Dismiss (Dkt. No. 291).
5. Defendants have requested that the Plaintiff agree to fully brief these issues by October 4,
2012, with its Opposition due on October 1, 2012, and Defendants’ Reply Brief due on
October 4, 2102. Plaintiff has refused.
WHEREFORE, Defendants request that this Court expedite the briefing of Defendants’
Motion To Dismiss (Dkt. No. 293) to require the parties to filly brief the motion by October
4, 2012, with Plaintiff’s Opposition due on October 1, 2012, and Defendants’ Reply Brief
due on October 4, 2102.
DATED: September 25, 2012

/s/ Stephen E. Noona
Stephen E. Noona
Virginia State Bar No. 25367
KAUFMAN & CANOLES, P.C.
150 West Main Street, Suite 2100
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
[e-mail]
David Bilsker
David A. Perlson
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
50 California Street, 22nd Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

01980.51928/4977663.1

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Counsel for Google Inc., Target Corporation,
IAC Search & Media, Inc., and Gannett Co., Inc.

By: /s/ Stephen E. Noona
Stephen E. Noona
Virginia State Bar No. 25367
KAUFMAN & CANOLES, P.C.
150 W. Main Street, Suite 2100
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
Robert L. Burns
FINNEGAN, HENDERSON, FARABOW, GARRETT &
DUNNER, LLP
Two Freedom Square
11955 Freedom Drive
Reston, VA 20190
Telephone: [phone]
Facsimile: [phone]
Cortney S. Alexander
FINNEGAN, HENDERSON, FARABOW, GARRETT &
DUNNER, LLP
3500 SunTrust Plaza
303 Peachtree Street, NE
Atlanta, GA 94111
Telephone: [phone]
Facsimile: [phone]
Counsel for Defendant AOL Inc.

01980.51928/4977663.1

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CERTIFICATE OF SERVICE
I hereby certify that on September 25, 2012, I will electronically file the foregoing with
the Clerk of Court using the CM/ECF system, which will send a notification of such filing (NEF)
to the following:
Jeffrey K. Sherwood
Kenneth W. Brothers
DICKSTEIN SHAPIRO LLP
1825 Eye Street NW
Washington, DC 20006
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Donald C. Schultz
W. Ryan Snow
Steven Stancliff
CRENSHAW, WARE & MARTIN, P.L.C.
150 West Main Street, Suite 1500
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Counsel for Plaintiff, I/P Engine, Inc.

/s/ Stephen E. Noona
Stephen E. Noona
Virginia State Bar No. 25367
KAUFMAN & CANOLES, P.C.
150 West Main Street, Suite 2100
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
[e-mail]

11944677v1
11942671v1
01980.51928/4977663.1

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