Anascape, Ltd v. Microsoft Corp. et al

Filing 172

Consent MOTION to Amend/Correct 150 Order on Motion to Take Deposition 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, § § § § § § § Civil Action No. 9:06-cv-158-RC § § JURY TRIAL REQUESTED § § § §

v. MICROSOFT CORP. and NINTENDO OF AMERICA, INC., Defendants.

UNOPPOSED MOTION TO AMEND ORDER RE: TAKING DEPOSITIONS IN JAPAN On October 30, 2007, the Court granted Plaintiff Anascape, Ltd.'s unopposed motion to take the depositions of the following witnesses in Japan who are employees of non-party Nintendo Co., Ltd. ("NCL"): Genyo Takeda, Kazuo Koushima and Junji Takamoto. Anascape has reached a further agreement with Defendant Nintendo of America Inc. ("NOA"), which changes, in part, the NCL employees to be deposed. The NCL employees who will be deposed are Genyo Takeda, Akio Ikeda and Kazunori Koshiishi. Pursuant to Art. 17 of the United StatesJapan 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. Anascape expects to obtain relevant, admissible evidence through these depositions. Anascape respectfully requests that the Court enter the attached Amended Order. Defendants do not oppose the relief requested in this Motion.

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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 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.

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DATED: December 20, 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] Facsimile: [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] Facsimile: [phone] ATTORNEYS FOR PLAINTIFF ANASCAPE, LTD.

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CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a), on December 20, 2007. As such, this motion was served on all counsel who had consented to electronic service.

_/s/ Anthony M. Garza________________ Anthony M. Garza

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