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

Filing 353

MOTION for Leave to file Trial Brief Out of Time by Defendants/Counter Claimants Vonage America, Inc., Vonage Holdings Corp. (Campbell, Terrence)

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

Doc. 353

Case 2:05-cv-02433-JWL

Document 353

Filed 09/05/2007

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. ) ) __________________________________________) DEFENDANTS' MOTION FOR LEAVE TO FILE TRIAL BRIEF OUT OF TIME Vonage has attempted to modify its Trial Brief in light of the Court's Order of the morning of September 4, 2007. Despite the best efforts of counsel, Vonage's Trial Brief will not be filed timely. Accordingly, defendants request two extra hours to file their response. Such relief is in order because plaintiff will not suffer any prejudice from the extension. Due to the late hour of this motion, defendants believe that counsel for plaintiff will prefer not to be contacted in an attempt to confer. WHEREFORE, Vonage respectfully requests that the Court enter an order granting it leave to file its Trial Brief out of time and grant such other and further relief to which it may justly be entitled.

Dockets.Justia.com

Case 2:05-cv-02433-JWL

Document 353

Filed 09/05/2007

Page 2 of 3

Respectfully submitted, BARBER EMERSON, L.C. By: s/ Terrence J. Campbell Terrence J. Campbell - 18377 [e-mail] Catherine C. Theisen - 22360 [e-mail] 1211 Massachusetts Street P.O. Box 667 Lawrence, KS 66044 [phone] [phone] Facsimile

Septebmer 5, 2007

Patrick D. McPherson Barry Golob Donald R. McPhail Duane Morris LLP 1667 K Street N.W. Washington, DC 20006-1608 202-776-7800 [e-mail] [e-mail] [e-mail] Attorneys for Defendants Vonage America, Inc. and Vonage Holdings Corp.

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Case 2:05-cv-02433-JWL

Document 353

Filed 09/05/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify on September 5, 2007, that a copy of the foregoing Motion for Leave to File Response out of time 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 Erick A. Buresh Shook, Hardy & Bacon LLP 2555 Grand Boulevard Kansas City, MO 64108-2613 [e-mail] [e-mail] [e-mail] Attorneys for Plaintiff Sprint Communications Company L.P. Further, such counsel have been provided a copy of the Exhibits to this Motion, which defendants propose to file under seal, via email. s/ Terrence J. Campbell