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

Filing 712

Consent MOTION to Expedite and Memorandum in Support of Consent Motion to Expedite Briefing on Defendants Emergency Motion For Sanctions And To Strike Plaintiffs Supplemental Expert Report In Violation Of The Courts October 9 Order 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.
CONSENT MOTION AND MEMORANDUM IN SUPPORT OF CONSENT MOTION
FOR EXPEDITED BRIEFING OF DEFENDANTS’ EMERGENCY MOTION FOR
SANCTIONS AND TO STRIKE SUPPLEMENTAL EXPERT REPORT IN VIOLATION
OF THE COURT’S OCTOBER 9 ORDER
Defendants Google Inc., Target Corporation, IAC Search & Media, Inc., Gannet Co., Inc.
and AOL Inc. (collectively “Defendants”), by counsel, move this Court for entry of an agreed
order expediting the briefing of the Defendants Emergency Motion for Sanctions and to Strike
the Supplemental Expert Report in Violation of the Court’s October 9 Order. In support of this
consent motion, defendants state as follows:
1.

Trial in this matter begins on Tuesday, October 16, 2012. On October 9, 2012, this Court

allowed the Plaintiff to supplement an expert report of one of its experts on a specific issue. As a
result, Plaintiff served a supplemental expert report but Defendants contend that the report
supplements on issues beyond the authority granted by the Court.
2.

On October 14, 2012, the Defendants filed their Emergency Motion for Sanctions and to

Strike the Supplemental Expert Report in Violation of the Court’s October 9 Order and sought
the agreement of the Plaintiff to expedite briefing on the issue so that the Court may rule in
advance of the issue arising at trial this week. The Plaintiff has agreed and the parties have

attached a Proposed Agreed Order as Exhibit 1 with an expedited briefing schedule for
consideration.
WHEREFORE, the defendants request that this Court enter the Proposed Agreed Order
attached as Exhibit 1 to expedite the briefing on defendants’ Emergency Motion for Sanctions
and to Strike the Supplemental Expert Report in Violation of the Court’s October 9 Order.
DATED: October 14, 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
Gannet 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.

CERTIFICATE OF SERVICE
I hereby certify that on October 14, 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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