ESN LLC v. Cisco Systems, Inc. et al

Filing 163

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

ESN LLC v. Cisco Systems, Inc. et al

Doc. 163

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 Confidential ­ Subject to Protective Order. The Materials Contained Herein Have Been Designated Confidential And May Not Be Examined Except By The Court or Pursuant to Court Order

PLAINTIFF'S UNOPPOSED 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 reply brief in support of its motion for discovery sanctions in excess of the page limit of Local Rule CV-7. Due to the numerous issues addressed in both ESN's opening brief and

Defendants' opposition brief, ESN was unable to keep the reply within the page limit of Local Rule CV-7. ESN used its best efforts to be as brief as possible; however the issues are very fact intensive and required significant detailed explanations. As a result, the fact section took four and a half pages. Also, responding to the case law cited by Cisco required detailed analysis and discussion. Consequently, argument section took up 6 and one half 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 a little more than six pages, for a total of 11 and 1/3 pages.

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Respectfully submitted, FOR PLAINTIFF, ESN, LLC:

Dated: November 4, 2009

/s/ Gerald C. Willis 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 [phone] Facsimile [phone] [e-mail] Eric M. Albritton Lead Attorney Texas State Bar No. 00790215 ALBRITTON LAW FIRM P.O. Box 2649 Longview, Texas 75606 Telephone [phone] Facsimile [phone] [e-mail] T. John Ward Jr. Texas State Bar No. 00794818 Ward & Smith Law Firm 111 W. Tyler St. Longview, Texas 75601 Telephone [phone] Facsimile [phone] [e-mail]

CERTIFICATE OF CONFERENCE I hereby certify that counsel for ESN has complied with the meet and confer requirement in Local Rule CV-7(h). Cisco's counsel doe not oppose this motion.

Dated: November 4, 2009

By:

/s/ Gerald C. Willis Gerald C. Willis

CERTIFICATE OF SERVICE I hereby certify that on the date this proof of service is signed below, I served the foregoing: PLAINTIFF'S UNOPPOSED MOTION FOR LEAVE TO FILE A BRIEF IN EXCESS OF THE PAGE LIMITATION SET FORTH IN LOCAL RULE CV-7 by email those listed below: Charles K. Verhoeven Quinn Emanuel Urquhart Oliver & Hedges, LLP 50 California St., 22nd Floor San Francisco, CA 94111 [e-mail] Victoria F. Maroulis Quinn Emanuel Urquhart Oliver & Hedges, LLP 555 Twin Dolphin Dr., Suite 560 Redwood Shores, CA 94065 [e-mail] Michael E. Jones Potter Minton 110 N. College Suite 500 Tyler, TX 75702 [e-mail]

Date: November 4, 2009 /s/_Holly Mack___________________