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)

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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. § § § § § § § § § § § § § § § § § § § 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: (903) 757-6400 Fax: (903-757-2323 jw@wsfirm.com wh@wsfirm.com claire@wsfirm.com David B. Weaver – LEAD ATTORNEY 1 “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 . . .” 2 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: (512) 542-8400 Fax: (512)236-3476 dweaver@velaw.com dhornberger@velaw.com Chuck P. Ebertin California State Bar No. 161374 VINSON & ELKINS LLP 525 University Avenue, Suite 410 Palo Alto, CA 94301-1918 Tel: (650) 687-8204 Fax: (650) 618-8508 cebertin@velaw.com 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 3 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 4

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