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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TENNESSEE
`WESTERN DIVISION
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`
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`Civil Action No. 2:12-cv-02769–JPM–
`TMP
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`Hon. Jon Phipps McCalla
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`JURY DEMAND
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`DEFENDANT’S UNOPPOSED MOTION FOR LEAVE TO FILE AMENDED ANSWER
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`Defendant Facebook, Inc., hereby respectfully moves for leave to file an Amended
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`Answer. In support of this motion, Facebook states as follows:
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`1.
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`This action was commenced on September 7, 2012. (Dkt. 1). Facebook timely
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`responded to the Complaint on December 31, 2012. (Dkt. 27). On January 25, 2013, Plaintiff
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`B.E. Technology, L.L.C. filed a motion to strike Facebook’s affirmative defenses. (Dkt. 33).
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`2.
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`While Facebook does not agree with the requested relief or the assertions in B.E.
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`Technology’s motion to strike or waive its right to oppose the motion, Facebook has offered to
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`B.E. Technology that Facebook amend its Answer. B.E. Technology is amenable to that
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`proposal, but reserves its right to seek to strike some or all of the affirmative defenses in the
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`amended answer if they are inadequately plead. Accordingly, Facebook now seeks leave to file
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`an Amended Answer, attached as Exhibit 1.
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`3.
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`Because this action is in its early stages and no scheduling order has been entered,
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`the leave will not prejudice any party.
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`B.E. TECHNOLOGY, L.L.C.,
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`Plaintiff,
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`v.
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`FACEBOOK, INC.,
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`Defendant.
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`Case 2:12-cv-02769-JPM-tmp Document 41 Filed 02/08/13 Page 2 of 3 PageID 351
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`4.
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`A proposed order granting this motion is being submitted via electronic mail to
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`the Court.
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`Dated: February 8, 2013
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`Respectfully submitted:
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`/s/ Orion Armon
`
`Heidi Keefe (pro hac vice)
`hkeefe@cooley.com
`Mark Weinstein (pro hac vice motion to be filed)
`mweinstein@cooley.com
`COOLEY LLP
`3175 Hanover Street
`Palo Alto, CA 94304-1130
`Telephone: (650) 843-5000
`Facsimile: (650) 849-7400
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`Orion Armon (pro hac vice)
`oarmon@cooley.com
`Sara Radke (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
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`Counsel for Defendant Facebook, Inc.
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`Case 2:12-cv-02769-JPM-tmp Document 41 Filed 02/08/13 Page 3 of 3 PageID 352
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`CERTIFICATE OF SERVICE
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`I hereby certify that a copy of the foregoing has been served this 8th day of February,
`2013, on the following counsel of record via the Court’s Electronic Filing System:
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`Craig Robert Kaufman
`Robert Edward Freitas
`Qudus B. Olaniran
`Hsiang Hong Lin
`Daniel J. Weinberg
`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
`dweinberg@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
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` /s/ Orion Armon
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`LOCAL RULE 7.2 CERTIFICATE OF CONSULTATION
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`On February 7, 2013, Orion Armon, counsel for Facebook, Inc., spoke with Craig
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`Kaufman, counsel for Plaintiff B.E. Technology, L.L.C., by phone regarding the request for
`leave to file an Amended Answer. Mr. Kaufman agreed to the request for leave.
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` /s/ Orion Armon
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