Sprint Communications Company LP v. Vonage Holdings Corp., et al

Filing 106

Joint MOTION for extension of time regarding certain Discovery deadlines by Plaintiff Sprint Communications Company LP. (Seitz, Adam)

Sprint Communications Company LP v. Vonage Holdings Corp., et al

Doc. 106

Case 2:05-cv-02433-JWL

Document 106

Filed 12/22/2006

Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS SPRINT COMMUNICATIONS COMPANY L.P., ) ) ) Plaintiff, ) ) v. ) ) VONAGE HOLDINGS CORP., VONAGE AMERICA, INC., ) ) ) Defendants. ) ) ) )

Case No. 05-2433-JWL

JOINT MOTION TO EXTEND CERTAIN DISCOVERY DEADLINES Plaintiff Sprint Communications Company L.P. ("Sprint") and Defendants Vonage America, Inc. and Vonage Holdings Corp. (collectively "Vonage"), by and through their respective counsel, jointly move the Court to extend certain discovery deadlines so as to allow the parties to complete the on-going discovery. On November 3, 2006, Vonage filed a Motion to Extend Certain Discovery Deadlines (Doc. 100), which requested that the Court amend its January 18, 2006 Scheduling Order generally with a three month extension of certain deadlines. The Court granted this motion, in part, on December 15, 2006. See Doc. 105. However, shortly before the Court ruled on Vonage's Motion, the parties reached agreement as to the extension of certain discovery deadlines and Sprint no longer opposed Vonage's motion. While the parties were unable to notify the Court of their agreement before the Court's ruling, this Joint Motion sets forth the parties agreement and seeks to extend the discovery deadlines as set forth below.

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Case 2:05-cv-02433-JWL

Document 106

Filed 12/22/2006

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Since the filing of Vonage's Motion on November 3, 2006, both parties have continued to locate, process and produce additional documents. This document production, while nearing its completion, remains on-going and has necessarily delayed discovery events contingent upon the document production. For example, the production of witnesses for

depositions and the preparation of expert reports have been hampered by the current production delays. In addition, counsel for Sprint has a previously set trial conflict in February that makes the current schedule set forth in the Court's December 15 Order unworkable. In light of the foregoing document issues, the parties have agreed to extended discovery deadlines, as set forth in the below table. Event All discovery completed Experts disclosed by Plaintiff Experts disclosed by Defendant Rebuttal experts disclosed Supplementation of disclosures Current Deadline February 16, 2007 December 22, 2006 January 22, 2006 February 4, 2007 December 22, 2006 Extended Deadline March 30, 2007 January 12, 2007 February 23, 2007 March 17, 2007 February 20, 2007 February 28, 2007 April 30, 2007 April 30, 2007 April 27, 2007 April 20, 2007 August 7, 2007

Preliminary witness and exhibit December 22, 2006 disclosures Potentially dispositive motions February 28, 2007 Challenges to admissibility of February 28, 2007 expert testimony Final pretrial conference February 21, 2007 Proposed pretrial order due Trial February 16, 2007 August 7, 2007

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These deadline extensions represent the parties' realistic assessment of the additional time needed to complete discovery and, because the parties have agreed on these extensions, further modifications to the schedule will not be necessary. There will be no

prejudice to any party as a result of these extensions, and the extensions are not being sought for vexatious purposes or to delay. Most importantly, the Court's original trial date of August 7, 2007 is unchanged and remains in full force and effect. WHEREFORE, for good cause shown, Sprint and Vonage respectfully request the Court grant this motion and extend the discovery deadlines. A proposed Order accompanies this Motion.

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Filed 12/22/2006

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Respectfully submitted, Dated: December 22, 2006 _/s/ _Adam P. Seitz ___________ B. Trent Webb, KS Bar No. 15965 Eric A. Buresh, KS Bar No. 19895 Adam P. Seitz, KS Bar No. 21059 SHOOK, HARDY & BACON L.L.P. 2555 Grand Boulevard Kansas City, Missouri 64108-2613 [phone] Telephone [phone] Facsimile Attorneys for Plaintiff SPRINT COMMUNICATIONS COMPANY L.P. /s/ Don R. Lolli Don R. Lolli Patrick J. Kaine Dysart Taylor Lay Cotter & McMonigle P.C. 4420 Madison Avenue Kansas City, Missouri 64111 Patrick D. McPherson Patrick C. Muldoon Barry Golob Duane Morris LLP 1667 K. Street N.W. Washington, DC 20006-1608 ATTORNEYS FOR DEFENDANTS VONAGE HOLDINGS CORP. and VONAGE AMERICA, INC.

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Filed 12/22/2006

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CERTIFICATE OF SERVICE I hereby certify that on this 22th day of December, 2006, a true and accurate copy of the above and foregoing JOINT MOTION TO EXTEND CERTAIN DISCOVERY DEADLINES were e-filed with the Court, which sent notice to the following: Don R. Lolli Patrick J. Kaine Dysart Taylor Lay Cotter & McMonigle P.C. 4420 Madison Avenue Kansas City, Missouri 64111 Patrick D. McPherson Patrick C. Muldoon Barry Golob Duane Morris LLP 1667 K. Street N.W. Washington, DC 20006-1608 Attorneys for Defendants Vonage Holdings Corp. and Vonage America, Inc. _/s/ _Adam P. Seitz__________________________ Attorneys for Sprint Communications Company L.P.

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