Interval Licensing LLC v. AOL, Inc. et al

Filing 86

NOTICE of Joinder JOINING #63 MOTION to Dismiss Party or Sever for Misjoinder Pursuant to Fed. R. Civ. P. 20 and 21, by Defendant Yahoo! Inc. (Attachments: #1 Proposed Order, #2 Proposed Order)(Walters, Mark)

Interval Licensing LLC v. eBay, Inc. et al

Doc. 86

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DEF. YAHOO! INC.'S NOTICE OF JOINDER IN MOTION TO DISMISS OR SEVER - 1 Civil Case No. 2:10-CV-01385-MJP

Honorable Marsha J. Pechman

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE INTERVAL LICENSING LLC, Plaintiff, v. AOL, INC.; APPLE, INC.; eBAY, INC.; FACEBOOK, INC.; GOOGLE INC.; NETFLIX, INC.; OFFICE DEPOT, INC.; OFFICEMAX INC.; STAPLES, INC.; YAHOO! INC.; and YOUTUBE, LLC, Defendants. Civil Case No. 2:10-CV-01385-MJP DEFENDANT YAHOO! INC.'S NOTICE OF JOINDER IN MOTION TO DISMISS OR SEVER FOR MISJOINDER PURSUANT TO FED. R. CIV. P. 20 AND 21
NOTED ON MOTION CALENDAR: November 12, 2010

PLEASE TAKE NOTICE that defendant Yahoo! Inc. joins in defendants Google Inc. and YouTube, LLC's motion to dismiss or sever from the above-captioned action (Docket Entry No. 65) for misjoinder for all the reasons therein. Yahoo! respectfully

requests that the Court dismiss Yahoo! Inc. from this case, or sever the claims against it, because joinder of defendants here is improper, for the reasons set forth in the motion filed by defendants Google Inc. and YouTube, LLC.

FROMMER LAWRENCE & HAUG LLP
1191 SECOND AVENUE SEATTLE, WASHINGTON 98101 [phone]

Dockets.Justia.com

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DEF. YAHOO! INC.'S NOTICE OF JOINDER IN MOTION TO DISMISS OR SEVER - 2 Civil Case No. 2:10-CV-01385-MJP

Respectfully submitted, FROMMER LAWRENCE & HAUG LLP Dated: October 21, 2010 By: /s/ Mark P. Walters Mark P. Walters, WSBA No. 30819 Dario A. Machleidt, WSBA No. 41860 1191 Second Avenue, Ste. 2000 Seattle, WA 98101 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] Of Counsel Michael A. Jacobs Matthew I. Kreeger Richard S.J. Hung Francis Ho Eric W. Ow MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant Yahoo! Inc.

FROMMER LAWRENCE & HAUG LLP
1191 SECOND AVENUE SEATTLE, WASHINGTON 98101 [phone]

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Justin A. Nelson Matthew R. Berry SUSMAN GODFREY 1201 Third Ave., Suite 3800 Seattle, WA 98101

CERTIFICATE OF SERVICE I hereby certify that on October 21, 2010, I caused the foregoing DEFENDANT YAHOO! INC.'S NOTICE OF JOINDER IN MOTION TO DISMISS OR SEVER FOR MISJOINDER PURSUANT TO FED. R. CIV. P. 20 AND 21 to be served on the following parties as indicated below: [] [] [X] [] [] [] By United States Mail By Legal Messenger By Electronic CM/ECF By Overnight Express Mail By Facsimile By Email [by agreement of counsel] [e-mail] [e-mail] By United States Mail By Legal Messenger By Electronic CM/ECF By Overnight Express Mail By Facsimile By Email [by agreement of counsel] [e-mail] [e-mail] By United States Mail By Legal Messenger By Electronic CM/ECF By Overnight Express Mail By Facsimile By Email [by agreement of counsel] [e-mail] By United States Mail By Legal Messenger By Electronic CM/ECF By Overnight Express Mail By Facsimile By Email [by agreement of counsel] [e-mail] [e-mail]

Attorneys for Plaintiff Interval Licensing LLC

Eric J. Enger Michael F. Heim HEIM PAYNE & CHORUSH, LLP 600 Travis Street, Suite 6710 Houston, TX 77002 Attorneys for Plaintiff Interval Licensing LLC

[] [] [X] [] [] []

Max L. Tribble SUSMAN GODFREY 1000 Louisiana St., Suite 5100 Houston, TX 77002 Attorneys for Plaintiff Interval Licensing LLC

[] [] [X] [] [] [] [] [] [X] [] [] []

Michael F. Heim Nathan J. Davis HEIM PAYNE & CHORUSH, LLP 600 Travis Street, Suite 6710 Houston, TX 77002 Attorneys for Plaintiff Interval Licensing LLC

DEF. YAHOO! INC.'S NOTICE OF JOINDER IN MOTION TO DISMISS OR SEVER - 3 Civil Case No. 2:10-CV-01385-MJP

FROMMER LAWRENCE & HAUG LLP
1191 SECOND AVENUE SEATTLE, WASHINGTON 98101 [phone]

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Brian M. Berliner Neil L. Yang O'MELVENY & MYERS LLP 400 South Hope Street, Suite 1050 Los Angeles, CA 90071 Attorneys for Defendant Apple Inc.

[] [] [X] [] [] []

By United States Mail By Legal Messenger By Electronic CM/ECF By Overnight Express Mail By Facsimile By Email [by agreement of counsel] [e-mail] [e-mail] By United States Mail By Legal Messenger By Electronic CM/ECF By Overnight Express Mail By Facsimile By Email [by agreement of counsel] [e-mail] [e-mail] By United States Mail By Legal Messenger By Electronic CM/ECF By Overnight Express Mail By Facsimile By Email [by agreement of counsel] [e-mail] [e-mail] By United States Mail By Legal Messenger By Electronic CM/ECF By Overnight Express Mail By Facsimile By Email [by agreement of counsel] [e-mail] [e-mail] By United States Mail By Legal Messenger By Electronic CM/ECF By Overnight Express Mail By Facsimile By Email [by agreement of counsel] [e-mail] [e-mail] [e-mail]

David S. Almeling George A Riley O'MELVENY & MYERS (SF) Two Embarcadero Center, 28th Floor San Francisco, CA 94111-3823 Attorneys for Defendant Apple Inc.

[] [] [X] [] [] []

Jeremy E. Roller Scott T. Wilsdon YARMUTH WILSDON CALFO PLLC 818 Stewart Street, Suite 1400 SEATTLE, WA 98101 Attorneys for Defendant Apple Inc.

[] [] [X] [] [] []

J. Christopher Carraway John D. Vandenberg KLARQUIST SPARKMAN (OR) 121 SW Salmon Street, Suite 1600 Portland, OR 97204-2988 Attorneys for eBay, Inc., Netflix, Inc., Office Depot, Inc., and Staples, Inc.

[] [] [X] [] [] []

Aneelah Afzali Scott A. W. Johnson Shannon M. Jost STOKES LAWRENCE 800 5th Ave, Suite 4000 Seattle, WA 98104-3179 Attorneys for Defendants Google Inc., and YouTube LLC

[] [] [X] [] [] []

DEF. YAHOO! INC.'S NOTICE OF JOINDER IN MOTION TO DISMISS OR SEVER - 4 Civil Case No. 2:10-CV-01385-MJP

FROMMER LAWRENCE & HAUG LLP
1191 SECOND AVENUE SEATTLE, WASHINGTON 98101 [phone]

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Dimitrios T. Drivas John Handy Kevin X. McGann Aaron Chase WHITE & CASE 1155 Avenue of the Americas New York, NY 10036 Attorneys for Defendants Google Inc., and YouTube LLC Warren S. Heit WHITE & CASE 3000 El Camino Real Bldg. 5, 9th Floor Palo Alto, CA 94306 Attorneys for Defendants Google Inc., and YouTube LLC Edward J. Bennett WILLIAMS & CONNOLLY 725 12th St. N.W. Washington, D.C. 20005-5901 Attorneys for Defendant Office Depot, Inc.

[] [] [X] [] [] []

By United States Mail By Legal Messenger By Electronic CM/ECF By Overnight Express Mail By Facsimile By Email [by agreement of counsel] [e-mail] [e-mail] [e-mail] [e-mail] By United States Mail By Legal Messenger By Electronic CM/ECF By Overnight Express Mail By Facsimile By Email [by agreement of counsel] [e-mail] By United States Mail By Legal Messenger By Electronic CM/ECF By Overnight Express Mail By Facsimile By Email [by agreement of counsel] [e-mail] By United States Mail By Legal Messenger By Electronic CM/ECF By Overnight Express Mail By Facsimile By Email [by agreement of counsel] [e-mail] By United States Mail By Legal Messenger By Electronic CM/ECF By Overnight Express Mail By Facsimile By Email [by agreement of counsel] [e-mail] [e-mail]

[] [] [X] [] [] []

[] [] [X] [] [] [] [] [] [X] [] [] [] [] [] [X] [] [] []

Michael D. Hunsinger THE HUNSINGER LAW FIRM 100 South King Street, Suite 400 Seattle, WA 98104 Attorneys for Defendant Office Depot, Inc.

Kevin C. Baumgardner Steven W. Fogg CORR CRONIN MICHELSON BAUMGARDNER & PREECE 1001 4th Ave., Suite 3900 Seattle, WA 98154-1051 Attorneys for Defendant OfficeMax Inc.

DEF. YAHOO! INC.'S NOTICE OF JOINDER IN MOTION TO DISMISS OR SEVER - 5 Civil Case No. 2:10-CV-01385-MJP

FROMMER LAWRENCE & HAUG LLP
1191 SECOND AVENUE SEATTLE, WASHINGTON 98101 [phone]

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Jeffrey D. Neumeyer OFFICEMAX INCORPORATED 1111 West Jefferson Street PO Box 50 Boise, ID 83728 Attorneys for Defendant OfficeMax Inc.

[] [] [X] [] [] [] [] [] [X] [] [] []

By United States Mail By Legal Messenger By Electronic CM/ECF By Overnight Express Mail By Facsimile By Email [by agreement of counsel] [e-mail] By United States Mail By Legal Messenger By Electronic CM/ECF By Overnight Express Mail By Facsimile By Email [by agreement of counsel] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] By United States Mail By Legal Messenger By Electronic CM/ECF By Overnight Express Mail By Facsimile By Email [by agreement of counsel] [e-mail] [e-mail]

Eric W. Ow Francis Ho Matthew I. Kreeger Michael A. Jacobs Richard S. J. Hung MORRISON & FORESTER 425 Market Street San Francisco, CA 94105-2482 Attorneys for Defendants Yahoo! Inc.

Douglas S. Rupert John S. Letchinger

WILDMAN, HARROLD, ALLEN & DIXON LLP

225 West Wacker Drive, Suite 2800 Chicago, ILL 60606 Attorneys for Defendant OfficeMax Inc.

[] [] [X] [] [] []

DATED: October 21, 2010

/s/ Terri Downey for Mark P. Walters, WSBA No. 30819 Dario A. Machleidt, WSBA No. 41860 FROMMER LAWRENCE & HAUG LLP

DEF. YAHOO! INC.'S NOTICE OF JOINDER IN MOTION TO DISMISS OR SEVER - 6 Civil Case No. 2:10-CV-01385-MJP

FROMMER LAWRENCE & HAUG LLP
1191 SECOND AVENUE SEATTLE, WASHINGTON 98101 [phone]