Sprint Communications Company LP v. Vonage Holdings Corp., et al
Filing
274
MOTION to Compel Production of a Complete Privilege Log and the Documents Described Therein by Defendants/Counter Claimants Vonage America, Inc., Vonage Holdings Corp. (Campbell, Terrence) (Motion title modified on 8/15/2007. (mg))
Sprint Communications Company LP v. Vonage Holdings Corp., et al
Doc. 274
Case 2:05-cv-02433-JWL
Document 274
Filed 08/14/2007
Page 1 of 3
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS
__________________________________________ ) SPRINT COMMUNICATIONS COMPANY, L.P., ) ) Plaintiff, ) ) Case No. 05-2433-JWL v. ) ) VONAGE HOLDINGS CORP. AND ) VONAGE AMERICA, INC., ) Defendants. ) __________________________________________) VONAGE HOLDINGS CORP. AND VONAGE AMERICA, INC.'S MOTION TO COMPEL PRODUCTION OF A COMPLETE PRIVILEGE LOG AND THE DOCUMENTS DESCRIBED THEREIN Defendants Vonage Holdings Corp. and Vonage America, Inc. (collectively "Vonage"), by their attorneys, hereby move this Court for an Order pursuant to Federal Rule of Civil Procedure 37 compelling Plaintiff Sprint Communications Company, L.P. ("Sprint") to produce those documents on its privilege log which plainly fall outside the scope of any recognizable protection, and a complete privilege log in compliance with the law of the case. Specifically, Vonage seeks production of documents with annotated privilege log numbers (as defined in Vonage's accompanying brief) as follows: Entry Nos. 2, 3, 8, 23-26, and 40-59. Vonage makes this motion at this late hour based on Sprint's last minute amendments to its privilege log. The issues addressed therein directly affect (1) the expert opinions that each party has offered, and are expected to offer, at trial, (2) the scope and propriety of certain designated witnesses' testimony that may be allowed at trial, and (3) the damages available to Sprint if it succeeds in establishing Vonage's liability in this case.
Dockets.Justia.com
Case 2:05-cv-02433-JWL
Document 274
Filed 08/14/2007
Page 2 of 3
In support of its motion, Vonage relies on the points of fact and law in the accompanying memorandum, which it incorporates herein by reference. As required by Local Rule 37.1, copies of Sprint's privilege logs, annotated by Vonage with numbers by which to identify each entry for ease of reference, also accompany this Motion. Pursuant to Local Rule 37.2, Counsel for Vonage certify that they have conferred with counsel for Sprint in a good faith attempt to resolve the issue presented in this motion, as described in the accompanying memorandum.
Respectfully submitted, _s/ Terrence J. Campbell_____ Terrence J. Campbell - 18377 Catherine C. Theisen - 22360 BARBER EMERSON, L.C. 1211 Massachusetts Street P.O. Box 667 Lawrence, KS 66044 (785) 843-6600 (785) 843-8405 Facsimile tcampbell@barberemerson.com ctheisen@barberemerson.com Patrick D. McPherson Barry Golob Donald R. McPhail Duane Morris LLP 1667 K Street N.W. Washington, DC 20006-1608 202-776-7800 pdmcpherson@duanemorris.com bgolob@duanemorris.com drmcphail@duanemorris.com Attorneys for Defendants/Counterclaim Plaintiffs Vonage Holdings Corp. and Vonage America, Inc.
2
DM1\1172147.2
Case 2:05-cv-02433-JWL
Document 274
Filed 08/14/2007
Page 3 of 3
CERTIFICATE OF SERVICE I hereby certify on August 14, 2007, that a copy of Vonage Holdings Corp. and Vonage America, Inc.'s Motion to Compel Production of a Complete Privilege Log and the Documents Described Therein, and supporting papers, was filed electronically, with a notice of case activity to be generated and sent electronically by the Clerk of Court to: B. Trent Webb Adam P. Seitz Eric A. Buresh Shook, Hardy & Bacon LLP 2555 Grand Boulevard Kansas City, MO 64108-2613 bwebb@shb.com aseitz@shb.com eburesh@shb.com Attorneys for Plaintiff Sprint Communications Company L.P. _s/ Terrence J. Campbell__
-1-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?