Case 2:12-cv-02767-JPM-tmp Document 47 Filed 03/11/13 Page 1 of 4 PageID 543
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TENNESSEE
`WESTERN DIVISION
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`B.E. TECHNOLOGY, LLC,
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`Plaintiff,
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`vs.
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`AMAZON DIGITAL SERVICES, INC.,
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`Defendant.
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`No.: 2:12-cv-02767-JPM-tmp
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`JURY DEMAND
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`UNOPPOSED MOTION AND MEMORANDUM FOR LEAVE
`TO FILE REPLY OF DEFENDANT AMAZON DIGITAL SERVICES,
`INC. SUPPORTING ITS MOTION TO TRANSFER
`(INCLUDING CERTIFICATE OF CONSULTATION)
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`Pursuant to this Court’s Local Rule 7.2(c), defendant Amazon Digital Services, Inc.
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`(“Amazon”) respectfully moves for entry of the accompanying proposed Order, granting leave to
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`file a reply memorandum, not exceeding 10 pages in length, supporting Amazon’s pending mo-
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`tion to transfer venue of this action under 28 U.S.C. 1404. In support of the relief sought herein,
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`Amazon respectfully submits the following:
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`1.
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`This action was commenced on September 7, 2012. (Dkt. 1.) On September 20,
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`2012, B.E. filed its First Amended Complaint. (Dkt. 9.) Amazon timely filed a motion to dis-
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`miss all of B.E.’s claims on January 7, 2013. (Dkt. 32.) On February 12, 2013, Amazon filed a
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`motion and supporting documents seeking transfer of this action to the Northern District of Cali-
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`fornia under 28 U.S.C. § 1404. (Dkt. 43.) On that same day, all proceedings in this case were
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`stayed pending a determination of Amazon’s motion to transfer. (Dkt. 45.) Plaintiff filed a re-
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`sponse opposing Amazon’s motion to transfer on March 1, 2013. (Dkt. 46.)
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`2.
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`The determination of which venue best serves the interests of justice and the con-
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`venience of parties and witnesses is among the most important matters the Court will decide in
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`Case 2:12-cv-02767-JPM-tmp Document 47 Filed 03/11/13 Page 2 of 4 PageID 544
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`this action. It will determine which court’s resources will be employed in managing and decid-
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`ing the case, whether and how the parties may procure relevant evidence, and a potentially ex-
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`tended series of travel and lodging arrangements for a large number of people. Indeed, given the
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`existence of 18 other cases filed by the same plaintiff involving common U.S. patents (as de-
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`tailed in the transfer motion), the filing of transfer motions in all of the cases, and the relation-
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`ship of all the motions to the Court’s consideration of each, the Court’s decision will likely affect
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`an extremely large number of people. The issue merits thorough consideration of all relevant
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`facts, arguments, and authorities.
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`3.
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`As the party moving for transfer, Amazon bears the burden on the underlying mo-
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`tion. Allowing Amazon an opportunity for rebuttal, through a reply memorandum, comports
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`with fair application of that burden.
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`4.
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`B.E.’s opposition to Amazon’s transfer motion includes arguments whose self-
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`contradictory character merits analysis. For example, plaintiff has suggested on the one hand
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`that this action should be consolidated with 18 others, yet addresses the transfer motion as a con-
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`test between only two parties’ circumstances. While Amazon believes the circumstances tilt
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`strongly in favor of transfer, the Court should have the benefit of full argument on the implica-
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`tions of these matters in the venue transfer context.
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`5.
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`This action is in an early stage. No Scheduling Order has been entered yet, and
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`proceedings other than this transfer motion have been stayed pending its outcome. The proposed
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`Order on this motion would require defendant to file its reply memorandum within just 7 days
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`from the grant of leave. Allowing these few additional days before the motion is at issue for de-
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`cision will not materially impede the progress of this action.
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`6.
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`Like any Section 1404 motion in a case of this type, briefing must address a num-
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`ber of issues and circumstances. While Amazon is committed to its reply being as concise as
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`possible, coverage of the issues meriting a reply appears likely to require more than the 5 pages
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`Case 2:12-cv-02767-JPM-tmp Document 47 Filed 03/11/13 Page 3 of 4 PageID 545
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`normally permitted by Local Rule 7.2(e). This motion respectfully requests authorization to use
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`up to 10 pages for such purpose.
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`Respectfully submitted,
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`s/ Glen G. Reid, Jr.
`Glen G. Reid, Jr. (#8184)
`WYATT, TARRANT & COMBS, LLP
`1715 Aaron Brenner Dr., Suite 800
`Memphis, TN 38120-4367
`Phone: 901.537.1000
`Facsimile: 901.537.1010
`greid@wyattfirm.com
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`s/ Mark Vorder-Bruegge, Jr.
`Mark Vorder-Bruegge, Jr. (#06389)
`WYATT, TARRANT & COMBS, LLP
`1715 Aaron Brenner Dr., Suite 800
`Memphis, TN 38120-4367
`Phone: 901.537.1000
`Facsimile: 901.537.1010
`mvorder-bruegge@wyattfirm.com
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`-and-
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`J. David Hadden
`dhadden@fenwick.com
`Darren F. Donnelly
`ddonnelly@fenwick.com
`Saina S. Shamilov
`sshamilov@fenwick.com
`Ryan J. Marton
`rmarton@fenwick.com
`Clifford Web
`cweb@fenwick.com
`Justin Hulse
`jhulse@fenwick.com
`FENWICK & WEST LLP
`801 California Street, 6th Floor
`Mountain View, CA 94041
`(650) 988-8500
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`Counsel for Defendant
`AMAZON DIGITAL SERVICES, INC.
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`Case 2:12-cv-02767-JPM-tmp Document 47 Filed 03/11/13 Page 4 of 4 PageID 546
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`CERTIFICATE OF CONSULTATION
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`The undersigned attorney hereby certifies that prior to the filing of the foregoing motion,
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`multiple consultations were held with Richard Carter, attorney for plaintiff B.E. Technology, to
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`determine whether plaintiff would agree to the relief sought. During that time, the Court granted
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`motions similar to the foregoing in a number of related cases. On February 21, 2013, Mr. Carter
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`informed the undersigned by electronic mail that plaintiff could not consent, but will not oppose
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`relief sought in this motion.
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`s/Mark Vorder-Bruegge, Jr.
`Mark Vorder-Bruegge, Jr.
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`CERTIFICATE OF SERVICE
`The foregoing document was filed under the Court’s CM/ECF system, automatically ef-
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`fecting service on counsel of record for all other parties who have appeared in this action on the
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`date of such service.
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`60334743.1
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`s/ Mark Vorder-Bruegge, Jr.
`Mark Vorder-Bruegge, Jr.
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