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)

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 [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 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]

2

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

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 [e-mail] Thomas J. Wimbiscus [e-mail] Peter J. McAndrews [e-mail] Gerald C. Willis [e-mail] Paul W. McAndrews [e-mail] Matthew N. Allison [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]

4

T. John Ward [e-mail] Ward & Smith Law Firm 111 West Tyler Street Longview, Texas 75601 Telephone [phone] Fax [phone] Date: September 18, 2009 /s/ Kevin A. Smith

5