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

Filing 888

Joint MOTION for Extension of Time to File Response/Reply as to 886 Order,,, (Joint Motion and Memorandum In Support Of Joint Motion For an Extension Of Time To Respond To The Courts Order on Outstanding Motions To Seal) by AOL Inc., Gannett Company, Inc., Google Inc., I/P Engine, 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,

Civil Action No. 2:11-cv-512

v.
AOL INC., et al.,
Defendants.

JOINT MOTION AND MEMORANDUM IN SUPPORT OF JOINT MOTION FOR AN
EXTENSION OF TIME TO RESPOND TO THE COURT’S ORDER ON
OUTSTANDING MOTIONS TO SEAL
Defendants AOL Inc. (“AOL”), IAC Search & Media, Inc. (“IAC”), Gannett Co., Inc.
(“Gannett”), Target Corporation (“Target”), and Google Inc. (“Google”) (collectively
“Defendants”), and Plaintiff, I/P Engine, Inc. (“I/P Engine”), by counsel, jointly move this Court
for entry of an order granting the parties an extension of time to respond to the Court’s February
7, 2013 Order Regarding Outstanding Motions to Seal Case Documents (Dkt. No. 886) (“Court’s
Order on Outstanding Motions to Seal”), and in support thereof state as follows:
1.

On February 7, 2013, the Court entered its Order on Outstanding Motions to Seal

and directed the parties within seven (7) days to:
•

“undertake an assessment of the outstanding motions to seal case records and provide the
names and document numbers of motions to seal that are now moot, withdrawn, or that
should otherwise be dismissed;”

01980.51928/5168750.1

•

“submit a proposed order disposing of any outstanding motions to seal that are moot,
withdrawn or otherwise should be dismissed;” and

•

“[a]ffirmatively identify, by name and document number, which outstanding motions to
seal still need to be resolved by the Court.”
2.

Having reviewed the docket, the parties have found a minimum of thirty five (35)

unresolved motions to seal and have begun reviewing those motions and the documents
referenced therein to determine if any motions may be dismissed and whether any documents can
be withdrawn, further redacted or made public. In addition, as directed by the Order, the parties
are coordinating their efforts. Unfortunately, given the volume of unresolved motions and
proposed sealed documents, the parties need additional time to complete their review. As a
result, the parties request that this Court grant them leave through February 28, 2013 to respond
to the Court’s Order on Outstanding Motions to Seal.
3.

Granting the requested extension will not prejudice the Court or the parties and

will allow a more orderly disposition of the Outstanding Motions to Seal.
4.

Attached as Exhibit 1 is a proposed agreed order granting the jointly requested

extension. The parties will deliver an endorsed agreed order granting the requested relief to the
Court by hand for consideration.
WHEREFORE, the parties, by counsel, jointly request that this Court enter the proposed
agreed order attached as Exhibit 1 granting the parties through and including February 28, 2013
to respond to the Court’s Order on Outstanding Motions to Seal.

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Dated: February 12, 2013

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

/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]
Robert L. Burns
FINNEGAN, HENDERSON, FARABOW, GARRETT &
DUNNER, LLP
Two Freedom Square
11955 Freedom Drive

3

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.

/s/Donald C. Schultz
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]
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.

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CERTIFICATE OF SERVICE
I hereby certify that on February 12, 2013, 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:
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]
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.

/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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