Xinuos, Inc. v. International Business Machines Corporation et al

Filing 97

ORDER granting #86 Letter Motion to Adjourn Conference. The Court will hold a status conference with the parties on January 17, 2023 at 10:15 a.m. The parties shall submit a joint letter by January 10th, stating their joint or respective positions on a schedule for moving forward. SO ORDERED. Status Conference set for 1/17/2023 at 10:15 AM before Judge Cathy Seibel. (Signed by Judge Cathy Seibel on 12/8/2022) (tg)

Case 7:22-cv-09777-CS Document 97
86 Filed 12/08/22
12/06/22 Page 1 of 1

Cravath
David R. Marriott
[e-mail]
T+1-212-474-1430
New York
December 6, 2022

The Court will hold a status conference with the parties
on January 17, 2023 at 10:15 a.m. The parties shall
submit a joint letter by January 10th, stating their joint
or respective positions on a schedule for moving
forward.
12/8/2022

Xinuos, Inc. v. International Business Machines Corp., et al., No. 7:22-cv-09777-CS (S.D.N.Y)
Dear Judge Seibel:
This Firm represents International Business Machines Corp. (“IBM”) and Red
Hat, Inc. (“Red Hat”) in the above-entitled matter. We write in response to Xinuos’ request that
this Court set an initial case management conference on December 20, 2022, or any date that
may be convenient for the Court.
We were retained to replace IBM’s existing counsel late in the day on Friday,
December 2, 2022. I understand that IBM’s existing counsel was advised of this yesterday,
December 5, 2022, and promptly made counsel for Xinuos aware of the change. As I was
preparing to reach out to counsel for Xinuos myself, I was made aware of Xinuos’ letter to the
Court seeking an initial case management conference.
Insofar as we have just been retained and have not yet had an opportunity to
confer with IBM’s and Red Hat’s prior counsel, we respectfully request that the Court defer
scheduling an initial case management conference until mid-January. This is plainly a complex
case. Xinuos asserts a copyright claim, multiple claims under the federal antitrust laws, and
several claims under the laws of the U.S. Virgin Islands. Deferring the initial case management
conference to mid-January will afford us a meaningful opportunity to get up to speed, allow us
to confer with counsel for Xinuos, and increase the probability of a productive conference.
Respectfully submitted.

David R. Marriott
Honorable Cathy Seibel
The Hon. Charles L. Brieant Jr. Federal Building and United States Courthouse
300 Quarropas Street
White Plains, NY 10601-4150
Copies to: All counsel of record (via ECF)

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