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

Filing 55

MOTION for Extension and Memorandum in Support of Motion for Extension of Time to File Objections to Discovery by AOL, Inc., Gannett Company, Inc., IAC Search & Media, Inc., Target Corporation. (Attachments: # 1 Exhibit 1)(Noona, Stephen)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division
I/P ENGINE, INC.,
Plaintiff,
v.

Civil Action No. 2:11cv512 (RAJ-FBS)

AOL INC., GOOGLE, INC.,
IAC SEARCH & MEDIA, INC.,
GANNETT CO., INC. and
TARGET CORPORATION
Defendants.

MOTION AND MEMORANDUM IN SUPPORT OF MOTION FOR
EXTENSION OF TIME TO FILE OBJECTIONS TO DISCOVERY
The defendants AOL Inc. (“AOL”), IAC Search & Media, Inc. (“IAC Search”), Gannett
Co., Inc. (“Gannett”) and Target Corporation (“Target”) (collectively, “non-Google
Defendants”), by counsel, pursuant to Rule 26(C) of the Local Rules of Practice for the United
States District Court for the Eastern District of Virginia, move this Court for entry of an order
granting the non-Google Defendants an additional two days through November 30, 2011, in
which to file their objections to the plaintiff’s First Set of Interrogatories and Requests for
Production of Documents (“Plaintiff’s First Discovery Requests”), and in support thereof states
as follows:
1.

Plaintiff issued its discovery requests to the non-Google Defendants. Objections

under Local Rule 26 are not due until November 28, 2011.

2.

The non-Google Defendants have requested, and the plaintiff has agreed, to

provide an additional two days through November 30, 2011, for the non-Google Defendants to
serve their objections to the Plaintiff’s First Discovery Requests.
3.

Granting an additional two days for the non-Google Defendants to file their

objections to the Plaintiff’s First Discovery Requests will not prejudice the plaintiff and will
facilitate a more complete and efficient discovery process.
4.

Attached as Exhibit 1 is a proposed agreed order granting the non-Google

Defendants through November 30, 2011, in which to file their objections to Plaintiff’s First
Discovery Requests. The parties are circulating a copy of this agreed order and will deliver it to
the Court for entry once endorsed.
WHEREFORE, the non-Google Defendants, by counsel, request that this Court enter the
proposed agreed order attached as Exhibit 1 granting the non-Google Defendants through
November 30, 2011, in which to file their objections to the Plaintiff’s First Discovery Requests.

Dated: November 23, 2011

Respectfully submitted,

/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

2

Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Counsel for AOL Inc., IAC Search & Media, Inc.,
Gannett Co., Inc. and Target Corporation

3

CERTIFICATE OF SERVICE
I hereby certify that on November 23, 2011, 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]
Counsel for Plaintiff, I/P Engine, Inc.
Stephen E. Noona
Virginia State Bar No. 25367
KAUFMAN & CANOLES, P.C.
150 W. Main Street, Suite 2100
Norfolk, VA 23510-1665
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Counsel for AOL Inc., Google, Inc.,
Gannett Co., Inc., Target Corporation and
IAC Search & Media, 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]

11418753_1.DOC

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