ESN LLC v. Cisco Systems, Inc. et al

Filing 50

Joint MOTION for Leave to File /Supplement Plaintiff's P.R. 3-1 Contentions and Defendants' P.R. 3-3 Contentions by ESN LLC, Cisco Systems, Inc., Cisco-Linksys LLC. (Attachments: # 1 Text of Proposed Order)(Ward, Thomas)

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

JOINT MOTION FOR LEAVE TO SUPPLEMENT PLAINTIFF'S P.R. 3-1 CONTENTIONS AND DEFENDANTS' P.R. 3-3 CONTENTIONS Plaintiff ESN, LLC ("ESN") and Defendants Cisco Systems, Inc. and Cisco-Linksys, LLC (collectively "Cisco") hereby file this Joint Motion for Leave to Supplement Plaintiff's P.R. 3-1 Contentions and Defendants' P.R. 3-3 Contentions. I. BACKGROUND AND SUMMARY

ESN served its original P.R. 3-1 contentions on April 18, 2008 in accordance with this Court's Docket Control Order. Similarly, Cisco timely served its original P.R. 3-3 contentions on June 2, 2008. Since that time, Cisco supplemented its P.R. 3-3 contentions, and ESN supplemented its P.R. 3-1 contentions. Pursuant to P.R. 3-6(b), the parties jointly request that this Court grant them leave to supplement their respective P.R. 3-3 and 3-1 contentions as served. II. MOTION

Following service of the parties' original P.R. 3-1 and P.R. 3-3 contentions, each party asked the other party for clarifications. Subsequently, the parties supplemented their contentions

51301/2726146.1

1

to provide more details to their original contentions. The clarification provided by ESN's supplemental P.R. 3-1 contentions and Cisco's supplemental P.R. 3-3 contentions will allow the parties to more efficiently litigate this dispute. Accordingly, ESN and Cisco have good cause to supplement their P.R. 3-1 and P.R. 3-3 contentions. Because this case is still in the early stages of discovery, no prejudice or delay will result from the parties' supplemental P.R. 3-1 and P.R. 3-3 contentions as served. III. REQUEST FOR RELIEF

In view of the foregoing, Plaintiff and Cisco jointly request that this Court grant the parties leave to supplement their contentions under P.R. 3-1 and P.R. 3-3 as served on November 5, 2008 and October 15, 2008.

Respectfully submitted,

FOR PLAINTIFF, ESN, LLC: /s/ John Ward, Jr. 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]

FOR DEFENDANTS CISCO SYSTEMS, INC. AND CISCO-LINKSYS, LLC /s/ Garrett W. Chambers w/permission TJWJr Sam Baxter McKool Smith, P.C. 104 E. Houston Street, Suite 300 P.O. Box 0 Marshall, Texas 75670 [e-mail] Garrett W. Chambers McKool Smith, P.C. 300 Crescent Court, Suite 1500 Dallas, Texas 75201 [e-mail]

51301/2726146.1

2

George P. McAndrews Thomas J. Wimbiscus Peter J. McAndrews Gerald C. Willis Paul W. McAndrews Matthew N. Allison McAndrews, Held & Malloy, Ltd. 500 W. Madison Street, 34th Floor Chicago, Illinois 60661 Telephone [phone] Facsimile [phone] [e-mail]

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]

CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document was filed electronically in compliance with Local Rule CV-5(a). Therefore, this document was served on all counsel who are deemed to have consented to electronic service. Local Rule CV-5(a)(3)(A). Pursuant to Fed. R. Civ. P. 5(d) and Local Rule CV-5(d) and (e), all other counsel of record not deemed to have consented to electronic service were served with a true and correct copy of the foregoing by email on this the 10th day of December, 2008. /s/ John Ward, Jr. T. John Ward, Jr.

51301/2726146.1

3