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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TENNESSEE
`WESTERN DIVISION
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`Civil Action No: 2:12-cv-02832-JPM-tmp
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`JURY DEMAND
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`SPARK NETWORKS, INC.
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`Defendant.
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`DEFENDANT SPARK NETWORKS, INC’S MOTION TO STAY
`PROCEEDINGS PENDING RESOLUTION OF ITS
`MOTION TO TRANSFER VENUE
`(WITH CERTIFICATE OF CONSULTATION)
`Defendant Spark Networks, Inc. respectfully moves this Court to stay all proceedings in
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`this case, including proceedings called for in the Local Patent Rules, pending resolution of
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`Spark’s motion to transfer this case to the Central District of California, pursuant to 28 U.S.C. §
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`1404(a). (Doc. 20) The facts and legal authorities supporting this relief are set forth in the at-
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`tached memorandum. As set forth in the Certificate of Consultation below, Plaintiff has advised
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`that while it cannot consent to this motion, it will not actively oppose it.
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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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`substantive consultation was held between the undersigned and Richard Carter, counsel for
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`plaintiff B.E. Technology, over multiple days culminating in a telephone discussion on February
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`7, 2013. At that time, B.E. Technology indicated that it would continue to oppose stay motions
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`of the foregoing type in this and related cases. On the next afternoon, the Court granted several
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`virtually identical motions for stay in related cases, and the undersigned re-contacted Mr. Carter
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`B.E. TECHNOLOGY, L.L.C.,
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`Plaintiff,
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`v.
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`Case 2:12-cv-02832-JPM-tmp Document 36 Filed 02/13/13 Page 2 of 3 PageID 394
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`to determine whether plaintiff would reconsider. At of 3:16 p.m. on February 11, Mr. Carter ad-
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`vised that in light of the Court’s rulings on the other stay motions, plaintiff cannot consent to, but
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` /s/ Mark Vorder-Bruegge, Jr.
`Mark Vorder-Bruegge, Jr.
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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 Drive, 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 Drive, Suite 800
`Memphis, TN 38120-4367
`Phone: 901.537.1000
`Facsimile: 901.537.1010
`mvorder-bruegge@wyattfirm.com
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`Attorneys for Defendant
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`“will not actively oppose” this stay motion.
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`OF COUNSEL:
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`Laurence S. Rogers (admission pending)
`ROPES & GRAY LLP
`1211 Avenue of the Americas
`New York, NY 10036
`Phone: 212.596.9033
`Facsimile: 212-596-9090
`Laurence.Rogers@ropesgray.com
`Brandon H. Stroy (admission pending)
`ROPES & GRAY LLP
`1900 University Avenue
`East Palo Alto, CA 94303
`Phone: 650.617.4028
`Facsimile: 650.617.4090
`Brandon.Stroy@ropesgray.com
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`-2-
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`Case 2:12-cv-02832-JPM-tmp Document 36 Filed 02/13/13 Page 3 of 3 PageID 395
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`CERTIFICATE OF SERVICE
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`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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`/s/ Mark Vorder-Bruegge, Jr.
`Mark Vorder-Bruegge, Jr.
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`60324494.1
`2/13/2013 1:05 pm
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`-3-
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