Match Group, LLC v. Bumble Trading Inc.

Western District of Texas, txwd-6:2018-cv-00080

Unopposed MOTION for Leave to File Answer and Counterclaims to Plaintiff Match Group, LLCs Third Amended Complaint and Cross-claims Against IAC/InterActiveCorp by Bumble Holding, Ltd. and by Bumble Trading Inc.

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS WACO DIVISION MATCH GROUP, LLC, Plaintiff, v. BUMBLE TRADING INC. and BUMBLE HOLDING, LTD., Civil Action No. 6:18-cv-00080-ADA Defendants. JURY TRIAL BUMBLE TRADING INC. and BUMBLE HOLDING, LTD., Cross-Plaintiffs, v. MATCH GROUP, LLC and IAC/INTERACTIVECORP, Cross-Defendants. BUMBLE TRADING INC. AND BUMBLE HOLDING, LTD'S UNOPPOSED MOTION FOR LEAVE TO FILE AMENDED COUNTERCLAIMS AND CROSSCLAIMS Pursuant to Rules 13, 14 and 15 of the Federal Rules of Civil Procedure, Defendants Bumble Trading Inc. ("Bumble Trading") and Bumble Holding, Ltd. ("Bumble Holding," collectively with Bumble Trading, "Bumble") hereby respectfully move the Court for leave to file amended counterclaims against Match Group, LLC ("Match") and cross-claims against IAC/InterActiveCorp ("IAC") in connection with Bumble's Answer and Counterclaims to Match's Third Amended Complaint ("Motion"). In the 18-cv-350 action before this Court, Bumble filed a Motion for Leave to File Proposed Original Petition in State Court, attaching as Exhibit A a proposed Original petition alleging claims against Match and IAC. (Dkt. 59-1, 18-cv-350.) Pursuant to agreement of the parties, as stipulated in Document No. 68 of the 18-cv-350 action, Match agreed not to oppose Bumble amending its counterclaims and adding cross-claims in the present action to allege those claims for which it sought leave to file in state court. (Dkt. 68, 18-cv-350 ("Match Group, LLC agrees not to oppose Bumble Trading, Inc. and Bumble Holding, Ltd.'s motion for leave to amend its counterclaims in the 18-cv-80 case to include the allegations and claims set forth in Dkt. 59-1 from case number 18-cv-350 as counterclaims in the 18-cv-80 case.").) Bumble now seeks leave to file these claims as counter and cross claims here. Bumble also seeks to otherwise amend its counterclaims against Match to reflect developments in the litigation of Match's patents, including changes in the patents that Match seeks to enforce against Bumble. Attached as Exhibit A hereto is Bumble's Answer to Match's Third Amended Complaint and Bumble's Proposed Counter and Cross Claims. Attached as Exhibit B hereto is Bumble's proposed summons to IAC/InterActiveCorp, which Bumble respectfully requests the Court issue if it grants this Motion. Match does not oppose this Motion. 2 Dated: April 10, 2019 Respectfully submitted, By:/s/ Matthew Caplan Deron R. Dacus (TX 00790553) THE DACUS FIRM, PC 821 ESE Loop 323, Suite 430 Tyler, TX 75701 Telephone: (903) 705-1117 Facsimile: (903) 581-2543 ddacus@dacusfirm.com Joseph M. Drayton (pro hac vice) NY Bar No. 2875318 COOLEY LLP 1114 Avenue of the Americas New York, NY 10036 Telephone: (212) 479-6000 Facsimile: (212) 479-6275 jdrayton@cooley.com Michael G. Rhodes (pro hac vice) CA Bar No. 116127 Matthew Caplan (pro hac vice) CA Bar No. 260388 COOLEY LLP 101 California Street, 5th Floor San Francisco, CA 94111-5800 Telephone (415) 693-2000 Facsimile: (415) 693-2222 mrhodes@cooley.com mcaplan@cooley.com Rose S. Whelan (pro hac vice) DC Bar No. 999367 COOLEY LLP 1299 Pennsylvania Ave., N.W. Suite 700 Washington, DC 20004 Telephone: (202) 842-7800 Facsimile: (202) 842-7899 rwhelan@cooley.com Attorneys for Defendant Bumble Trading, Inc. 3 CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically with the Clerk of Court using the CM/ECF system, which will send notification of such filing to all counsel of record on April 10, 2019. /s/ Mathew Caplan Mathew Caplan 201797670 4