ESN LLC v. Cisco Systems, Inc. et al

Filing 112

Unopposed MOTION for Extension of Time to File Response/Reply as to 108 Sealed Reply to Response to Motion,, 106 Sealed Response to Motion, by Cisco Systems, Inc., Cisco-Linksys LLC. (Attachments: # 1 Text of Proposed Order)(Smith, Kevin)

ESN LLC v. Cisco Systems, Inc. et al

Doc. 112

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 JURY TRIAL DEMANDED

DEFENDANTS' UNOPPOSED MOTION TO EXTEND DEFENDANTS' BRIEFING DEADLINES Defendants Cisco Systems, Inc. and Cisco-Linksys, LLC (collectively "Cisco") move for an extension of time in which to file their reply brief regarding their Motion to Dismiss and to file their sur-reply in opposition to Plaintiff's Motion to Disqualify Counsel. In support of this Motion, Cisco would show the Court as follows: Cisco filed its Motion to Dismiss and Plaintiff filed its Motion to Disqualify on April 24, 2009. On April 20, 2009, ESN moved to stay the briefing schedule on Cisco's Motion to Dismiss. On May 12, 2009, this Court entered an Order allowing ESN additional time to take discovery and setting a due date of July 17, 2009 for its Opposition to Cisco's Motion to Dismiss. On July 1 and 2, 2009, Plaintiff moved for additional time to file its Opposition to Cisco's Motion to Dismiss and Reply in Support of its Motion to Disqualify, respectively. This Court granted these requests, allowing ESN until July 31, 2009 for both filings. Plaintiff filed these briefs on July 31, 2009. In its Opposition to Cisco's Motion to Dismiss, ESN submitted the declaration of Richard Connaughton. Cisco now seeks an extension of time to file its Reply in

02099.51301/3039191.1

1
Dockets.Justia.com

Support of its Motion to Dismiss and Sur-reply in Opposition to Plaintiff's Motion to Disqualify Counsel. In order to have an adequate opportunity to depose Mr. Connaughton and to have an adequate opportunity to evaluate and utilize the deposition testimony obtained, Cisco respectfully requests that the Court extend the deadline for filing its Reply in Support of Its Motion to Dismiss and its Sur-Reply in Opposition to ESN's Motion to Disqualify Counsel until the earlier of: (1) fourteen days after the deposition of Richard Connaughton is taken; or (2) September 15, 2009. This request is without prejudice to Cisco's right to move for a further extension if Mr. Connaughton is unable or unwilling to sit for a deposition on or prior to September 1, 2009. Plaintiff does not oppose the requested extension.

DATED: August 6, 2009

Respectfully submitted,

By /s/ Kevin A. Smith

POTTER MINTON A Professional Corporation MICHAEL JONES Tex. Bar No. 10929400 [e-mail] 110 N. College, Suite 500 (75702) P.O. Box 359 Tyler, Texas 75710 Telephone: [phone] Facsimile: [phone] QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP

02099.51301/3039191.1

2

CHARLES K. VERHOEVEN LEAD COUNSEL Cal. Bar No. 170151 [e-mail] KEVIN A. SMITH Cal. Bar No. 250814 [e-mail] MATTHEW D. CANNON Cal. Bar No. 252666 [e-mail] 50 California St., 22nd Floor San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] VICTORIA F. MAROULIS Cal. Bar No. 202603 [e-mail] SAYURI K. SHARPER Cal. Bar No. 232331 [e-mail] 555 Twin Dolphin Dr., Suite 560 Redwood Shores, California 94065 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants Cisco Systems, Inc. and Cisco-Linksys, LLC

02099.51301/3039191.1

3

CERTIFICATE OF SERVICE I hereby certify that on the date this proof of service is signed below, I served the foregoing: DEFENDANTS' UNOPPOSED MOTION TO EXTEND DEFENDANTS' BRIEFING DEADLINES by email and via the Court's Electronic Filing System to George P. McAndrews [e-mail] Thomas J. Wimbiscus [e-mail] Peter J. McAndrews [e-mail] Gerald C. Willis [e-mail] Paul W. McAndrews Matthew N. Allison [e-mail] Heather Bjella [e-mail] Holly Mack [e-mail] McAndrews, Held & Malloy 500 West Madison, Suite 3400 Chicago, IL 60661 Telephone [phone] Fax [phone] Eric M. Albritton [e-mail] Albritton Law Firm P.O. Box 2649 Longview, Texas 75606 Telephone [phone] Fax [phone] T. John Ward [e-mail] Ward & Smith Law Firm 111 West Tyler Street Longview, Texas 75601 Telephone [phone]

02099.51301/3039191.1

4

Fax [phone] Date: August 6, 2009 /s/ Kevin A. Smith

02099.51301/3039191.1

5