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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TENNESSEE
`WESTERN DIVISION
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`DEFENDANT.
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`DEFENDANT MATCH.COM L.L.C.’S MOTION TO STAY PROCEEDINGS
`PENDING RESOLUTION OF ITS MOTION TO TRANSFER VENUE
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`For all the reasons set forth in the Court’s February 8, 2013 Order Granting Defendant
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`Facebook, Inc.’s Motion to Stay in the case styled B.E. Technology, LLC v. Facebook, Inc. (Dkt.
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`43), Defendant Match.com L.L.C. respectfully requests that the Court stay all proceedings in this
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`case–including Local Patent Rule disclosures and fact discovery–pending resolution of
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`Match.com L.L.C.’s Motion to Transfer Venue (Dkt. 32). This Motion is based on the
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`accompanying Memorandum, and the Federal Circuit’s recent decision in In Re Fusion-IO, Inc.
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`In that case, the Federal Circuit indicated that a court should decide a timely-filed motion to
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`transfer a patent case under Section 1404(a) before proceeding to the merits of an action. In re
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`Fusion-IO, Inc., No. 12-139, 2012 WL 6634939 (Fed. Cir. Dec. 21, 2012).
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`WHEREFORE, Defendant Match.com L.L.C. respectfully requests that this Court grant
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`its Motion to Stay pending resolution of Match.com L.L.C.’s Motion to Transfer Venue.
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`DEFEDANT MATCH.COM L.L.C.’S MOTION TO STAY PROCEEDINGS
`PENDING RESOLUTION OF ITS MOTION TO TRANSFER VENUE
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` PAGE 1
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`CIV. A. NO. 2:12-cv-02834-JPM
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`B.E. TECHNOLOGY, L.L.C.,
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`PLAINTIFF,
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`v.
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`MATCH.COM L.L.C.
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`Case 2:12-cv-02834-JPM-tmp Document 34 Filed 02/11/13 Page 2 of 3 PageID 353
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`Dated: February 11, 2013
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`Respectfully submitted,
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`By: /s/ Steven G. Schortgen
`Steven G. Schortgen, pro hac vice
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`Texas Bar No. 00794603
`steve.schortgen@klgates.com
`Jennifer Klein Ayers, pro hac vice
`Texas Bar No. 24069322
`jennifer.ayers@klgates.com
`K&L Gates LLP
`1717 Main Street, Suite 2800
`Dallas, TX 75201
`(214) 939-5500
`(214) 939-5849 Facsimile
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`Sanjay K. Murthy, pro hac vice
`Illinois Bar No. 6279314
`sanjay.murthy@klgates.com
`Christopher E. Hanba, pro hac vice
`Illinois Bar No. 6298424
`christopher.hanba@klgates.com
`K&L Gates LLP
`70 W. Madison Street
`Suite 3100
`Chicago, Illinois 60602-4207
`(312) 372-1121
`(312) 827-8000 Facsimile
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`Jonathan D. Rose (No. 20967)
`jrose@babc.com
`BRADLEY ARANT BOULT
`CUMMINGS LLP
`1600 Division Street, Suite 700
`Nashville, Tennessee 37203
`(615) 252-2308
`(615) 252-6308 Facsimile
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`ATTORNEYS FOR DEFENDANT
`MATCH.COM L.L.C.
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`DEFEDANT MATCH.COM L.L.C.’S MOTION TO STAY PROCEEDINGS
`PENDING RESOLUTION OF ITS MOTION TO TRANSFER VENUE
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`PAGE 2
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`Case 2:12-cv-02834-JPM-tmp Document 34 Filed 02/11/13 Page 3 of 3 PageID 354
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`CERTIFICATE OF CONSULTATION
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`Pursuant to Local Rule 7.2(a)(1)(B), I certify that counsel for Defendant, Jon Rose,
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`discussed the relief requested in this Motion with counsel for Plaintiff, Adam Simpson, on
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`February 11, 2013. The consultation was not successful, as Mr. Rose and Mr. Simpson were not
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`able to reach an agreement on the issues presented in the Motion. Adam Simpson advised that
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`the Plaintiff does not consent to the relief sought in the Motion.
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`/s/ Steven G. Schortgen
`Steven G. Schortgen
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`CERTIFICATE OF SERVICE
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`The foregoing document was filed on the Court’s CM/ECF system automatically
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`effecting service on counsel of record for all other parties who have appeared in this action on
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`the date of such service.
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`/s/ Steven G. Schortgen
`Steven G. Schortgen
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`DEFEDANT MATCH.COM L.L.C.’S MOTION TO STAY PROCEEDINGS
`PENDING RESOLUTION OF ITS MOTION TO TRANSFER VENUE
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`PAGE 3
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