Li v. Apple Inc. et al

Filing 13

Li v. Apple Inc. et al

Doc. 13

David J. Antczak 215-988-2558 [e-mail]
Law Offices
One Logan Square
18TH and Cherry Streets

December 28, 2007 Via ECF and Federal Express Honorable Leonard D. Wexler United States District Court Eastern District of New York Long Island Federal Courthouse 944 Federal Plaza Central Islip, New York 11722 Re: Li v. Apple Inc., et al., No. 07-cv-04005-LDW-ETB

Philadelphia, PA 19103-6996 215-988-2700 phone [phone] fax www.drinkerbiddle.com
CALIFORNIA DELAWARE ILLINOIS NEW JERSEY NEW YORK PENNSYLVANIA WASHINGTON DC WISCONSIN

Dear Judge Wexler: This firm represents defendant AT&T Inc. ("AT&T") in the above-referenced action. AT&T hereby joins in the December 24, 2007 letter from Michael B. Miller, counsel for defendants Apple Inc. and Steve Jobs (collectively, "Apple"), renewing defendants' request for a pre-motion conference to set a briefing schedule on defendants' anticipated motions to dismiss plaintiff's Complaint in its entirety pursuant to Fed. R. Civ. P. 12(b)(6). Plaintiff has failed to respond at all to Apple's and AT&T's pre-motion conference letters to the Court, which were filed and served on December 5 and 6, 2007, respectively (see Docket Nos. 6 and 7), and which "constitute[d] timely service of a motion made pursuant to Federal Rule of Civil Procedure Rule 12(b)" under Rule 2.B of Your Honor's Individual Practices. Plaintiff's counsel also has failed to respond to any of the prior or subsequent telephone messages and letters from defendants' counsel, including our recent attempts to satisfy our meet and confer obligations under Magistrate Judge Boyle's Scheduling Order and the Federal Rules. Instead, on December 24, 2007, plaintiff sent defendants a letter threatening to "move the court for a default judgment" for "fail[ure] to serve an answer." Given plaintiff's non-responsiveness and failure to recognize defendants' compliance with Rule 2.B of Your Honor's Individual Practices, AT&T joins Apple in respectfully renewing defendants' request that the Court hold a pre-motion conference to establish a schedule for briefing defendants' contemplated motions to dismiss the

Established 1849

Dockets.Justia.com

Honorable Leonard D. Wexler December 28, 2007 Page 2 Complaint. With the Court's permission, AT&T and Apple are prepared to file their motions on or before January 25, 2008. Respectfully submitted, s/ David J. Antczak David J. Antczak DJA:kk cc: C. Jean Wang, Esquire (via ECF) Michael B. Miller, Esquire (via ECF) Daniel A. Sasse, Esquire, Crowell & Moring LLP (via e-mail)