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 Att. 1

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[PROPOSED] ORDER GRANTING DEF. YAHOO! INC.'S MOTION TO DISMISS - 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. THIS MATTER came before the Court on November 12, 2010. After reviewing Defendant Yahoo! Inc.'s Joinder in Motion to Dismiss or Sever for Misjoinder Pursuant to Fed. R. Civ. P. 20 and 21, Defendant Yahoo! Inc.'s Joinder therein, Plaintiff's Response, and the pleadings and files of record, and being fully advised; now therefore, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the movants' Motion to Dismiss is GRANTED, and that Plaintiff's claims against Defendant Yahoo! Inc. are dismissed [with] [without] prejudice. Civil Case No. 2:10-CV-01385-MJP [PROPOSED] ORDER GRANTING DEFENDANT YAHOO! INC.'S 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

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

Dockets.Justia.com

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[PROPOSED] ORDER GRANTING DEF. YAHOO! INC.'S MOTION TO DISMISS - 2 Civil Case No. 2:10-CV-01385-MJP

DATED: ______________________:

_________________________ Marsha J. Pechman United Stated District Court Judge

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

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[PROPOSED] ORDER GRANTING DEF. YAHOO! INC.'S MOTION TO DISMISS - 3 Civil Case No. 2:10-CV-01385-MJP

Presented by: By: /s/ Mark P. Walters Mark P. Walters (WSBA #30819) Dario A. Machleidt (WSBA #41860) FROMMER LAWRENCE & HAUG LLP 1191 Second Avenue Suite 2000 Seattle, WA 98101 Tel: [phone] Fax: [phone] [e-mail] [e-mail] and Admitted Pro Hac Vice 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 Tel: [phone] Fax: [phone] Attorneys for Defendant YAHOO! INC.

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

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[PROPOSED] ORDER GRANTING DEF. YAHOO! INC.'S MOTION TO DISMISS - 4 Civil Case No. 2:10-CV-01385-MJP

CERTIFICATE OF SERVICE I hereby certify that on October 21, 2010, I caused the foregoing [PROPOSED] ORDER GRANTING DEFENDANT YAHOO! INC.'S 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: Justin A. Nelson Matthew R. Berry SUSMAN GODFREY 1201 Third Ave., Suite 3800 Seattle, WA 98101 Attorneys for Plaintiff Interval Licensing LLC [] [] [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]

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

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 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
[PROPOSED] ORDER GRANTING DEF. YAHOO! INC.'S MOTION TO DISMISS - 5 Civil Case No. 2:10-CV-01385-MJP

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] [] [] []

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

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.

[PROPOSED] ORDER GRANTING DEF. YAHOO! INC.'S MOTION TO DISMISS - 6 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 [X] LLP [] 225 West Wacker Drive, Suite 2800 [] Chicago, ILL 60606 [] Attorneys for Defendant OfficeMax Inc.

DATED: October 21, 2010

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

[PROPOSED] ORDER GRANTING DEF. YAHOO! INC.'S MOTION TO DISMISS - 7 Civil Case No. 2:10-CV-01385-MJP

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