ESN LLC v. Cisco Systems, Inc. et al

Filing 135

Unopposed MOTION for Leave to File Excess Pages by Cisco Systems, Inc., Cisco-Linksys LLC. (Attachments: # 1 Text of Proposed Order)(Smith, Kevin)

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ESN LLC v. Cisco Systems, Inc. et al Doc. 135 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 FOR LEAVE TO FILE BRIEFS IN EXCESS OF THE PAGE LIMITATIONS SET FORTH IN LOCAL RULE CV-7 Defendants Cisco-Systems, Inc. and Cisco-Linksys, LLC (collectively "Cisco") respectfully move for leave of Court to file a reply brief in support of their Motion to Dismiss and a sur-reply brief in opposition to Plaintiff's Motion to Disqualify Counsel. According to Local Rule CV-7 reply briefs for dispositive motions are limited to ten pages and sur-reply briefs for non-dispositive motions are limited to five pages. A copy of Cisco's reply and sur-reply briefs are being filed simultaneously herewith. Cisco has used its best efforts to limit the number of pages in its briefs. However, the significance of the additional facts uncovered during the course of discovery during the briefing of these Motions, which included multiple depositions of relevant witnesses and the production of numerous relevant documents, required substantial explanation and discussion. Further, ESN moved for and was granted a six page extension on its reply in support of its Motion to Disqualify. Cisco requests additional pages to address ESN's extensive reply. Accordingly, 1 Dockets.Justia.com Cisco seeks an additional five pages on its reply in support of its Motion to Dismiss, and an additional page on its sur-reply in opposition to Plaintiff's Motion to Disqualify Counsel. For the reasons stated herein, Cisco respectfully requests that the Court grant Cisco's Unopposed Motion For Leave to File Briefs in Excess of the Page Limitations Set Forth in Local Rule CV-7. DATED: September 18, 2009 Respectfully submitted, By /s/ Kevin A. Smith POTTER MINTON A Professional Corporation MICHAEL JONES Tex. Bar No. 10929400 mikejones@potterminton.com 110 N. College, Suite 500 (75702) P.O. Box 359 Tyler, Texas 75710 Telephone: (903) 597-8311 Facsimile: (903) 593-0846 QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP CHARLES K. VERHOEVEN LEAD COUNSEL Cal. Bar No. 170151 charlesverhoeven@quinnemanuel.com KEVIN A. SMITH Cal. Bar No. 250814 kevinsmith@quinnemanuel.com MATTHEW D. CANNON Cal. Bar No. 252666 matthewcannon@quinnemanuel.com 2 50 California St., 22nd Floor San Francisco, California 94111 Telephone: (415) 875-6600 Facsimile: (415) 875-6700 VICTORIA F. MAROULIS Cal. Bar No. 202603 victoriamaroulis@quinnemanuel.com SAYURI K. SHARPER Cal. Bar No. 232331 sayurisharper@quinnemanuel.com 555 Twin Dolphin Dr., Suite 560 Redwood Shores, California 94065 Telephone: (650) 801-5000 Facsimile: (650) 801-5100 Attorneys for Defendants Cisco Systems, Inc. and Cisco-Linksys, LLC 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 FOR LEAVE TO FILE BRIEFS IN EXCESS OF THE PAGE LIMITATIONS SET FORTH IN LOCAL RULE CV-7 by email and via the Court's Electronic Filing System to George P. McAndrews gmcandrews@mcandrews-ip.com Thomas J. Wimbiscus twimbiscus@mcandrews-ip.com Peter J. McAndrews pmcandrews@mcandrews-ip.com Gerald C. Willis jwillis@mcandrews-ip.com Paul W. McAndrews pwmcandrews@mcandrews-ip.com Matthew N. Allison mallison@mcandrews-ip.com Holly Mack hmack@mcandrews-ip.com McAndrews, Held & Malloy 500 West Madison, Suite 3400 Chicago, IL 60661 Telephone 312(775-8000 Fax (312) 775-8100 Eric M. Albritton ema@emafirm.com Albritton Law Firm P.O. Box 2649 Longview, Texas 75606 Telephone (903) 757-8449 Fax (903) 757-2323 4 T. John Ward jw@jwfirm.com Ward & Smith Law Firm 111 West Tyler Street Longview, Texas 75601 Telephone (903) 757-6400 Fax (903) 757-2323 Date: September 18, 2009 /s/ Kevin A. Smith 5

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