ESN LLC v. Cisco Systems, Inc. et al

Filing 145

MOTION for Leave to File Excess Pages by ESN LLC. (Attachments: # 1 Text of Proposed Order)(Bjella, Heather)

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ESN LLC v. Cisco Systems, Inc. et al Doc. 145 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 ESN, LLC'S MOTION FOR LEAVE TO FILE A 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 brief moving for sanctions against Cisco Systems, Inc. and Cisco-Linksys, LLC ("Cisco"). Local Rule CV7(a)(2) limits non-dispositive motions to 15 pages. Although ESN perceives this as a dispositive motion (which would be afforded 30 pages under Local Rule CV-7(a)(1)) based on ESN's request and the Court's power to dismiss, it is filing this motion in an abundance of caution should the Court deem this a non-dispositive motion. ESN is requesting leave to exceed the page limitation by five pages, for a total of 20 pages. ESN has used its best efforts to limit the number of pages in its brief, but has been unable to do so. The reason that ESN needs to exceed the 15-page limit is the extensive factual background that gives rise to the Motion for Sanctions for Discovery Misconduct. While ESN made every attempt to avoid having to file such a motion, recent events have left ESN with no further options. It is imperative that the Court understand the totality of circumstances giving rise to ESN's motion. Consequently, the full background and application of relevant case law necessitates an additional five pages. For the reasons stated herein, ESN respectfully requests that the Court grant ESN's Motion For Leave to Exceed the Page Limitation Set Forth in Local Rule CV-7 by five pages, for a total of 20 pages. Respectfully submitted, FOR PLAINTIFF, ESN, LLC: Dated: October 5, 2009 /s/ Heather Bjella 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 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 CERTIFICATE OF SERVICE I hereby certify that on the date this proof of service is signed below, I served the foregoing: PLAINTIFF ESN, LLC'S MOTION TO IMPOSE SANCTIONS ON CISCO FOR DISCOVERY MISCONDUCT by email to: 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 Michael E. Jones Potter Minton 110 N. College Suite 500 Tyler, TX 75702 Date: October 5, 2009 /s/ Holly K. Mack Holly K. Mack Litigation Paralegal

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