ESN LLC v. Cisco Systems, Inc. et al

Filing 110

Unopposed MOTION for Leave to File Excess Pages of ESN's Sealed Reply Brief (document entry 108) by ESN LLC. (Attachments: # 1 Text of Proposed Order proposed order)(Ward, Thomas)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION ESN, LLC, Plaintiff, v. CISCO SYSTEMS, INC., and CISCO-LINKSYS, LLC, Defendants. ) ) ) ) ) ) ) ) ) Civil Action No. 5:08-cv-20-DF PLAINTIFF'S UNOPPOSED MOTION FOR LEAVE TO FILE A REPLY BRIEF IN EXCESS OF THE PAGE LIMITATION SET FORTH IN LOCAL RULE CV-7 ESN, LLC ("ESN") respectfully moves for leave of Court to file a reply brief in support of its Motion to Disqualify Counsel and Impose Sanctions on Defendants and Their Counsel for Improperly Offering Financial Incentives in Exchange for Testimony. According to Local Rule CV-7 page limits of reply briefs for non-dispositive motions are limited to five pages. ESN is requesting leave to exceed the page limitation by six pages. A copy of the confidential reply brief and exhibits is being filed simultaneously herewith under seal. ESN has used its best efforts to limit the number of pages in its reply brief. However the significance of the additional facts uncovered during the course of discovery that the Court permitted in relation to ESN's motion and Cisco's related motion to dismiss, which included five depositions and the production of documents from third-party Tyne Mobility, Inc., d/b/a Iperia, Cisco's trial counsel (Quinn Emanuel) and the individual representatives of Iperia, required substantial explanation and discussion in ESN's reply. For the reasons stated herein, ESN respectfully requests that the Court grant ESN's Unopposed Motion For Leave to Exceed the Page Limitation Set Forth in Local Rule CV-7 by six pages, for a total of 11 pages. Respectfully submitted, FOR PLAINTIFF, ESN, LLC: _/s/ T. John Ward, Jr.____________ Eric M. Albritton Lead Attorney Texas State Bar No. 00790215 ALBRITTON LAW FIRM P.O. Box 2649 Longview, Texas 75606 Telephone (903) 757-8449 Facsimile (903) 758-7397 T. John Ward, Jr. Texas State Bar No. 00794818 Ward & Smith Law Firm 111 W. Tyler St. Longview, Texas 75601 Telephone (903) 757-6400 Facsimile (903) 757-2323 George P. McAndrews Thomas J. Wimbiscus Peter J. McAndrews Gerald C. Willis Paul W. McAndrews Heather A. Bjella Matthew N. Allison McAndrews, Held & Malloy, Ltd. 500 W. Madison Street, 34th Floor Chicago, Illinois 60661 Telephone (312) 775-8000 Facsimile (312) 775-8100 CERTIFICATE OF CONFERENCE Pursuant to Local Rule CV-7(h), T. John Ward, Jr., counsel for ESN, conferred with Mike Jones, counsel for Cisco, regarding the instant motion. Cisco does not oppose Plaintiff's Unopposed Motion for Leave to File a Brief in Excess of the Page Limitation Set Forth in Local Rule CV-7. Dated: July 31, 2009 By: /s/ T. John Ward, Jr.______________ T. John Ward, Jr CERTIFICATE OF SERVICE I hereby certify that the individuals listed below were served with Plaintiff's Unopposed Motion for Leave to File a Brief in Excess of the Page Limitation Set Forth in Local Rule CV-7 by email and via the Court's Electronic Filing System on the date stated herein. Michael Jones 110 N. College, Suite 500 P.O. Box 359 Tyler, Texas 75710 Charles K Verhoeven Quinn Emanuel Urquhart Oliver & Hedges, LLP 50 California St., 22nd Floor San Francisco, CA 94111 Victoria F. Maroulis Quinn Emanuel Urquhart Oliver & Hedges, LLP 555 Twin Dolphin Dr., Suite 560 Redwood Shores, CA 94065 Date: July 31, 2009 /s/ T. John Ward, Jr. T. John Ward, Jr.

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