Anascape, Ltd v. Microsoft Corp. et al

Filing 148

Consent MOTION to Take Deposition UNOPPOSED MOTION TO TAKE DEPOSITION IN JAPAN by Anascape, Ltd. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION Anascape, Ltd., Plaintiff, v. Microsoft Corp., and Nintendo of America Inc., Defendants. Civil Action No. 9:06-cv-158-RC JURY TRIAL REQUESTED

UNOPPOSED MOTION TO TAKE DEPOSITIONS IN JAPAN Plaintiff Anascape, Ltd. ("Anascape") has reached an agreement with Defendant Nintendo of America Inc. ("NOA"), to take depositions of certain employees of non-party Nintendo Co., Ltd. ("NCL") in Osaka, Japan in light of NCL's agreement to produce certain witnesses at the United States Consulate. Pursuant to Art. 17 of the United States-Japan

Consular Convention, the attorneys for Anascape and NOA present at the deposition must obtain a special visa issued by the Japanese Government. In order to obtain such a visa, Anascape must present a Court order authorizing the deposition. admissible evidence through these depositions. Anascape respectfully requests that the Court enter the attached Order. Defendants do not oppose the relief requested in this Motion. Anascape acknowledges and agrees that NCL is not a party to this litigation and that nothing herein shall be deemed to constitute, or argued to be deemed to constitute, a waiver of any of NCL's rights or remedies, all of which are expressly reserved. Anascape does not waive the right to contend that any materials held by, controlled by, and/or associated with NCL are Anascape expects to obtain relevant,

within the possession, custody, or control of NOA, as contemplated by the Federal Rules of Civil Procedure and/or any controlling law or local rule of this Court. NOA does not waive the right to contend that any materials held by, controlled by, and/or associated with NCL are not within the possession, custody or control of NOA, as contemplated by the Federal Rules of Civil Procedure and/or any controlling law or local rule of this Court.

DATED: October 26, 2007.

Respectfully submitted, McKOOL SMITH, P.C. /s/ Sam Baxter Sam Baxter Lead Attorney Texas State Bar No. 01938000 [e-mail] P.O. Box O 104 East Houston Street, Suite 300 Marshall, Texas 75670 Telephone: [phone] Facsimile: [phone] Theodore Stevenson, III Texas State Bar No. 19196650 [e-mail] Luke F. McLeroy Texas State Bar No. 24041455 [e-mail] McKool Smith, P.C. 300 Crescent Court, Suite 1500 Dallas, Texas 75201 Telephone: [phone] Telecopier: [phone] Robert M. Parker Texas State Bar No. 15498000 [e-mail] Robert Christopher Bunt Texas State Bar No. 00787165 [e-mail] Charles Ainsworth Texas State Bar No. 00783521 [e-mail] Parker, Bunt & Ainsworth P.C. 100 E. Ferguson Street, Suite 1114 Tyler, Texas 75702 Telephone: [phone] Telecopier: [phone] ATTORNEYS FOR PLAINTIFF ANASCAPE, LTD.

CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this motion was served on all counsel who have consented to electronic service.

/s/ Anthony M. Garza Anthony M. Garza