Stiener et al v. Apple, Inc. et al

Filing 84

MOTION for Leave to File Reply Memorandum in Support of 63 Motion for Stay Pending Appeal filed by AT&T Mobility LLC. (Falk, Donald) (Filed on 4/25/2008) Modified on 4/28/2008 (jlm, COURT STAFF). Modified on 4/28/2008 (jlm, COURT STAFF).

Stiener et al v. Apple, Inc. et al

Doc. 84

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DONALD M. FALK (SBN 150256) [e-mail] RENA CHNG (SBN 209665) [e-mail] MAYER BROWN LLP Two Palo Alto Square, Suite 300 3000 El Camino Real Palo Alto, CA 94306-2112 Telephone: [phone] Facsimile: [phone] VICTORIA R. COLLADO (pro hac vice) [e-mail] SARAH E. REYNOLDS (pro hac vice) [e-mail] MAYER BROWN LLP 71 South Wacker Drive Chicago, IL 60606 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant AT&T MOBILITY LLC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ZOLTAN STIENER and YNEZ STIENER, Plaintiffs, v. APPLE COMPUTER, INC., AT&T MOBILITY, LLC, and DOES 1 through 50, inclusive, Defendants. Case No.: C 07-04486 SBA DEFENDANT AT&T MOBILITY LLC'S MOTION FOR LEAVE TO FILE REPLY IN SUPPORT OF ITS MOTION FOR STAY PENDING APPEAL Date: April 29, 2008 Honorable Saundra B. Armstrong

MOTION FOR LEAVE TO FILE REPLY IN SUPPORT OF AT&T MOBILITY LLC'S MOTION FOR STAY PENDING APPEAL AND ACCOMPANYING REPLY, CASE NO. CV 07-04486 SBA

Dockets.Justia.com

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2008.

Defendant AT&T Mobility LLC ("ATTM") respectfully requests leave to file late the attached reply brief in support of ATTM's motion for a stay pending appeal. In support of this motion, ATTM states as follows: 1. ATTM filed its motion for a stay pending appeal (Docket No. 63) on March 24,

Plaintiffs filed their opposition to ATTM's motion (Docket No. 76) on April 10, 2008.

Because a hearing before this Court on ATTM's motion had been noticed for April 29, 2008, ATTM's reply in support of the motion was due on April 15, 2008. 2. By April 15, 2008, counsel for ATTM had drafted and finalized for filing a reply

brief that responded to the points in plaintiffs' opposition. However, due to a clerical error, the reply brief did not get filed on that date. 3. ATTM's counsel did not discover the error until this afternoon. Counsel for

ATTM telephoned plaintiffs' counsel in both New York and California to request their consent to this motion, but was unable to reach them. 4. ATTM requests the Court's leave to file the attached reply brief. In light of the

fact that the Court has taken the hearing scheduled for April 29, 2008 off calendar, and will instead resolve ATTM's motion on the papers, ATTM will no longer have the opportunity to present the points in its reply brief orally. Without the Court's leave to file the attached reply

brief, ATTM will not be able to respond at all. 5. Counsel for ATTM deeply regrets and apologizes to the Court for the error. MAYER BROWN LLP By: /s/ Donald M. Falk_____ Donald M. Falk Donald M. Falk (SBN 150256) Rena Chng (SBN 209665) MAYER BROWN LLP Two Palo Alto Square, Suite 300 3000 El Camino Real Palo Alto, CA 94306-2112 Telephone: [phone] Facsimile: [phone]

DATED: April 25, 2008 Of Counsel: Evan M. Tager Archis A. Parasharami MAYER BROWN LLP 1909 K Street NW Washington, DC 20036 Telephone: [phone] Facsimile: [phone]

MOTION FOR LEAVE TO FILE REPLY IN SUPPORT OF AT&T MOBILITY LLC'S MOTION FOR STAY PENDING APPEAL AND ACCOMPANYING REPLY, CASE NO. CV 07-04486 SBA

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-2MOTION FOR LEAVE TO FILE REPLY IN SUPPORT OF AT&T MOBILITY LLC'S MOTION FOR STAY PENDING APPEAL AND ACCOMPANYING REPLY, CASE NO. CV 07-04486 SBA

Victoria R. Collado (pro hac vice) Sarah E. Reynolds (pro hac vice) MAYER BROWN LLP 71 South Wacker Drive Chicago, IL 60606 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant AT&T MOBILITY LLC