WI-LAN Inc. v. Alcatel-Lucent USA Inc. et al

Filing 331

Unopposed MOTION to Extend the Deadline to Produce Documents for In Camera Inspection by WI-LAN Inc.. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Henry, Claire)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION

WI-LAN INC.,
Plaintiff,
v.
ALCATEL-LUCENT USA INC.;
TELEFONAKTIEBOLAGET LM
ERICSSON; ERICSSON INC.; SONY
ERICSSON MOBILE COMMUNICATIONS
AB; SONY ERICSSON MOBILE
COMMUNICATIONS (USA) INC.; HTC
CORPORATION; HTC AMERICA, INC.;
EXEDEA INC.; LG ELECTRONICS, INC.;
LG ELECTRONICS MOBILECOMM U.S.A.,
INC.; LG ELECTRONICS U.S.A., INC.
Defendants.

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Civil Action No. 6:10-cv-521-LED
JURY TRIAL DEMANDED

PLAINTIFF’S UNOPPOSED MOTION TO EXTEND THE DEADLINE TO
PRODUCE DOCUMENTS FOR IN CAMERA INSPECTION
The Court held a hearing on Defendant HTC Corporation, HTC America, Inc. and
Exedia, Inc.’s (collectively, “HTC”) Motion to Compel Production of Internal
Communications and Documents Withheld by Wi-LAN, Inc. (“Wi-LAN”) on the Ground of
Attorney-Client Privilege (Dkt. No. 240) on February 26, 2013. At the hearing, the Court
ordered HTC to identify 80 documents from Plaintiff’s privilege log that it wished to submit
to the Court for in-camera inspection by 12:00 p.m. on Thursday, February 28, 2013. The
Court then ordered Wi-LAN to provide the identified documents to the Court for an in
camera inspection, along with specific assertions of privilege and necessary affidavits, by

9:00 a.m. on Monday, March 4, 2013. See Transcript of Hearing on February 26, 2013 at
35:5-13, Attached as Exhibit A.1
However, HTC delayed in identifying the 80 documents it wished to submit for in
camera review until after 5:00 p.m. on Thursday, February 28, 2013. Accordingly, Wi-LAN
respectfully requests that its deadline to submit the documents along with its assertions of
privilege and accompanying affidavits for in camera inspection be extended slightly from
9:00 a.m. to 5:00 p.m. on Monday, March 4, 2013. HTC does not oppose the requested
extension.
An order reflecting the relief requested herein is attached for the Court’s
convenience.

Respectfully submitted,

/s/ Claire Abernathy Henry
Johnny Ward
Texas State Bar No. 00794818
Wesley Hill
Texas State Bar No. 24032294
Claire Abernathy Henry
Texas State Bar No. 24053063
WARD & SMITH LAW FIRM
1127 Judson Rd., Suite 220
Longview, TX 75601
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
David B. Weaver – LEAD ATTORNEY
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“I am going to allow HTC to identify 80 documents, take your best 80 documents, identify those -- what is
today? Tuesday. Identify those by Thursday at noon. The plaintiff will then have until Monday morning at
9:00 o'clock to submit any additional -- identify those. Then I want Wi-Lan to produce the documents for in
camera inspection along with specific assertions as to each of those 80 as to what your objection is . . .”

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Texas State Bar No. 00798576
David D. Hornberger
Texas State Bar No. 24055686
VINSON & ELKINS LLP
2801 Via Fortuna, Suite 100
Austin, TX 78746
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Chuck P. Ebertin
California State Bar No. 161374
VINSON & ELKINS LLP
525 University Avenue, Suite 410
Palo Alto, CA 94301-1918
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for Plaintiff, Wi-LAN Inc.

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 on March 1, 2013. Local Rule CV5(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 the same date.

/s/ Claire Abernathy Henry
Claire Abernathy Henry

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CERTIFICATE OF CONFERENCE
I hereby certify that I have complied with the requirements of Local Rule CV-7(h)
and that this motion is unopposed.

/s/ Claire Abernathy Henry
Claire Abernathy Henry

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