ESN LLC v. Cisco Systems, Inc. et al

Filing 160

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. 160

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 BRIEF 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 brief in opposition to ESN's "Motion ot Impose Sanctions on Cisco for Discovery Misconduct" in excess of the page limit provided by Local rule CV-7. According to Local Rule CV-7 opposition briefs for non-dispositive motions are limited to fifteen pages. Cisco has used its best efforts to limit the number of pages in its brief. However, ESN moved for and was granted a five page extension on its brief in support of its Motion. Cisco, therefore, requests an additional five pages to address ESN's extensive Motion. For the reasons stated herein, Cisco respectfully requests that the Court grant Cisco's Unopposed Motion For Leave to File Brief in Excess of the Page Limitations Set Forth in Local Rule CV-7. ESN does not oppose this Motion. DATED: October 27, 2009 Respectfully submitted,

By /s/ Kevin A. Smith

1

Dockets.Justia.com

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] 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

2

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 BRIEF 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] 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]

3

T. John Ward [e-mail] Ward & Smith Law Firm 111 West Tyler Street Longview, Texas 75601 Telephone [phone] Fax [phone] Date: October 27, 2009 /s/ Kevin A. Smith

4