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Case 2:12-cv-02769-JPM-tmp Document 37 Filed 01/31/13 Page 1 of 3 PageID 291
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TENNESSEE
`WESTERN DIVISION
`
`
`
`
`
`Civil Action No. 2:12cv2769 JPM-tmp
`
`Hon. Jon Phipps McCalla
`
`JURY DEMAND
`
`
`
`B.E. TECHNOLOGY, L.L.C.,
`
`
`Plaintiff,
`
`v.
`
`FACEBOOK, INC.,
`
`
`Defendant.
`
`
`
`
`
`
`FACEBOOK, INC.’S MOTION TO STAY PROCEEDINGS
`PENDING RESOLUTION OF ITS MOTION TO TRANSFER
`
`Defendant Facebook, Inc. respectfully moves this Court to stay all other proceedings in
`
`this case—including Local Patent Rule disclosures and fact discovery—pending resolution of
`
`Facebook’s motion to transfer. The Federal Circuit has indicated that a timely-filed motion to
`
`transfer a patent case under §1404(a) should be decided before proceeding to the merits of an
`
`action, and that it is appropriate to stay litigation pending resolution of a transfer motion. In re
`
`Fusion-IO, Inc., No. 12-139, 2012 WL 6634939 (Fed. Cir. Dec. 21, 2012). The grounds for this
`
`Motion are fully set forth in the Memorandum of Facts and Law filed simultaneously with this
`
`
`
`motion.
`
`
`
`

`
`Case 2:12-cv-02769-JPM-tmp Document 37 Filed 01/31/13 Page 2 of 3 PageID 292
`
`
`
`
`
`Respectfully submitted:
`
`/s/ Orion Armon
`COOLEY LLP
`
`Heidi Keefe (CA #178960) (pro hac vice)
`hkeefe@cooley.com
`Mark Weinstein (CA #193043 ) (pro hac vice
`motion to be filed)
`COOLEY LLP
`3175 Hanover Street
`Palo Alto, CA 94304-1130
`Telephone: (650) 843-5000
`Facsimile: (650) 849-7400
`
`Orion Armon (CO # 34923) (pro hac vice)
`oarmon@cooley.com
`Sara Radke (CO # 44995) (pro hac vice)
`sradke@cooley.com
`COOLEY LLP
`380 Interlocken Crescent, Suite 900
`Broomfield, CO 80021
`Telephone: (720) 566-4000
`Facsimile: (720) 566-4099
`
`Heather J. Hubbard (TN # 23699)
`Laura P. Merritt (TN # 26482)
`WALLER LANSDEN DORTCH & DAVIS, LLP
`Nashville City Center
`511 Union St., Suite 2700
`Nashville, TN 37219-8966
`615-850-6024
`Fax: 615-244-6804
`heather.hubbard@wallerlaw.com
`laura.merritt@wallerlaw.com
`
`Counsel for Facebook, Inc.
`
`
`
`
`
`
`
`2
`
`Dated: January 31, 2013
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`
`Case 2:12-cv-02769-JPM-tmp Document 37 Filed 01/31/13 Page 3 of 3 PageID 293
`
`CERTIFICATE OF CONSULTATION
`
`
`
`Pursuant to Local Rule 7.2(a)(1)(B), I certify that I spoke to Craig Kaufman on January
`
`30, 2013, regarding the filing of this motion to stay. I was advised by Mr. Kaufman that Plaintiff
`
`B.E. Technology, L.L.C. opposes the relief sought by this motion.
`
`
`
`/s/__Orion Armon
`
`
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a copy of the foregoing has been served this 31st day of January,
`
`2013, on the following counsel of record via the Court’s Electronic Filing System:
`
`Craig Robert Kaufman  
`Robert Edward Freitas
`Qudus B. Olaniran
`Hsiang Hong Lin
`FREITAS TSENG & KAUFMAN, LLP
`100 Marine Parkway, Suite 200
`Redwood Shores, CA 94065
`650-593-6300
`ckaufman@ftklaw.com
`rfreitas@ftklaw.com
`qolaniran@ftklaw.com
`jlin@ftklaw.com
`
`  
`
`Adam Calhoun Simpson 
`Richard M. Carter
`MARTIN TATE MORROW & MARSTON
`International Place, Tower II
`6410 Poplar Avenue, Suite 1000
`Memphis, TN 38119
`901-522-9000
`asimpson@martintate.com
`rcarter@martintate.com 
`
`
`
`
`
`
`
`
`
`
`
`/s/ Orion Armon
`
`
`
`
`
`
`
`
`
`
`
`3

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