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

Filing 668

MOTION to Expedite and Memorandum in Support of Motion to Expedite Briefing on Defendants' Motion to Strike Plaintiff's Deposition Designations 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 STRIKE DEPOSITION
DESIGNATIONS
The Defendants Google Inc., Target Corporation, IAC Search & Media, Inc., Gannett
Co., Inc. and AOL Inc. (collectively “Defendants”), respectfully move this Court to expedite the
briefing on the Defendants’ Motion To Strike Deposition Designations (Dkt. No. 664), 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 9, 2012.
2. The Defendants’ Motion to Strike seeks to strike the deposition designations made by the
Plaintiff as part of the Final Pretrial Order; as such the issue is ripe for the Final Pretrial
Conference on October 9, 2012.
3. The Defendants’ Motion to Strike 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 Strike 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.
291) to accomplish this same goal. In addition, for this same reason, this Court has
expedited several discovery sanctions.
5. Defendants request that the Court order Plaintiff to respond to the Motion to Strike by
Monday, October 8, 2012 and Defendants’ Reply Brief be filed on or before October 9,
2012, before the Final Pretrial Conference. Defendants have consulted with Plaintiff who
does not agree to the request.
WHEREFORE, Defendants request that this Court expedite the briefing of Defendants’
Motion To Strike (Dkt. No. 664) to require the parties to fully brief the motion by October 4,
2012, with Plaintiff’s Opposition due on October 8, 2012, and Defendants’ Reply Brief due on
October 9, 2102, before the Final Pretrial Conference.
DATED: October 5, 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]
Counsel for Google Inc., Target Corporation,
IAC Search & Media, Inc., and Gannett Co., Inc.

/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.

CERTIFICATE OF SERVICE
I hereby certify that on October 5, 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]

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