Case 1:22-cv-22706-RNS Document 176-12 Entered on FLSD Docket 05/06/2023 Page 1 of
`11
`
`EXHIBIT 12
`
`

`

`Case 1:22-cv-22706-RNS Document 176-12 Entered on FLSD Docket 05/06/2023 Page 2 of
`11
`
`Colby.Davis@AllenOvery.com
`Christopher Clayton
`Noah.Brumfield@AllenOvery.com; Lisa.Nguyen@AllenOvery.com; Eric.Lancaster@AllenOvery.com;
`Jeremy.Elman@AllenOvery.com; Adam Woodward; Paul Richter; arojas@rojaslawfirm.com;
`jrojas@rojaslawfirm.com; Timothy Devlin
`RE: Hon Hai"s Draft Motion for Exceptional Case Status (22-cv-22706)
`Wednesday, April 19, 2023 2:34:03 PM
`image001.png
`
`From:
`To:
`Cc:
`
`Subject:
`Date:
`Attachments:
`
`Chris,
`
`These are fine to file. Thank you.
`
`Regards,
`
`Colby A. Davis | Associate
`Allen & Overy LLP
`
`1101 New York Ave NW | Washington | DC | 20005 | USA
`Direct +1 202 683 3834 | Tel +1 202 683 3800 | Mobile +1 202 961 9523
`Fax +1 202 683 3999
`
`allenovery.com
`
`From: Christopher Clayton <cclayton@devlinlawfirm.com>
`Sent: Wednesday, April 19, 2023 1:33 PM
`To: Davis, Colby:LT (DC) <Colby.Davis@AllenOvery.com>
`Cc: Brumfield, Noah:CO (DC) <Noah.Brumfield@AllenOvery.com>; Nguyen, Lisa
`<Lisa.Nguyen@AllenOvery.com>; Lancaster, Eric <Eric.Lancaster@AllenOvery.com>; Elman, Jeremy
`<Jeremy.Elman@AllenOvery.com>; Adam Woodward <awoodward@devlinlawfirm.com>; Paul
`Richter <prichter@devlinlawfirm.com>; arojas@rojaslawfirm.com; jrojas@rojaslawfirm.com;
`Timothy Devlin <tdevlin@devlinlawfirm.com>
`Subject: RE: Hon Hai's Draft Motion for Exceptional Case Status (22-cv-22706)
`
`Caution: non-A&O email
`
`Colby – please see attached and confirm that we are OK to file.
`
`Best,
`
`Chris
`
`From: Christopher Clayton
`Sent: Tuesday, April 18, 2023 2:17 PM
`To: Colby.Davis@AllenOvery.com
`Cc: Noah.Brumfield@AllenOvery.com; Lisa.Nguyen@AllenOvery.com;
`Eric.Lancaster@AllenOvery.com; Jeremy.Elman@AllenOvery.com; Adam Woodward
`
`

`

`Case 1:22-cv-22706-RNS Document 176-12 Entered on FLSD Docket 05/06/2023 Page 3 of
`11
`
`<awoodward@devlinlawfirm.com>; Paul Richter <prichter@devlinlawfirm.com>;
`arojas@rojaslawfirm.com; jrojas@rojaslawfirm.com; Timothy Devlin <tdevlin@devlinlawfirm.com>
`Subject: RE: Hon Hai's Draft Motion for Exceptional Case Status (22-cv-22706)
`
`Agreed. Thanks Colby.
`
`Chris
`
`From: Colby.Davis@AllenOvery.com <Colby.Davis@AllenOvery.com>
`Sent: Tuesday, April 18, 2023 2:15 PM
`To: Christopher Clayton <cclayton@devlinlawfirm.com>
`Cc: Noah.Brumfield@AllenOvery.com; Lisa.Nguyen@AllenOvery.com;
`Eric.Lancaster@AllenOvery.com; Jeremy.Elman@AllenOvery.com; Adam Woodward
`<awoodward@devlinlawfirm.com>; Paul Richter <prichter@devlinlawfirm.com>;
`arojas@rojaslawfirm.com; jrojas@rojaslawfirm.com; Timothy Devlin <tdevlin@devlinlawfirm.com>
`Subject: RE: Hon Hai's Draft Motion for Exceptional Case Status (22-cv-22706)
`
`Hi Chris,
`
`We agree to a two-week extension for the opposition, if BNR would not oppose a one-week
`extension for the reply. Please let us know.
`
`Regards,
`
`Colby A. Davis | Associate
`Allen & Overy LLP
`
`1101 New York Ave NW | Washington | DC | 20005 | USA
`Direct +1 202 683 3834 | Tel +1 202 683 3800 | Mobile +1 202 961 9523
`Fax +1 202 683 3999
`
`allenovery.com
`
`From: Christopher Clayton <cclayton@devlinlawfirm.com>
`Sent: Tuesday, April 18, 2023 11:03 AM
`To: Davis, Colby:LT (DC) <Colby.Davis@AllenOvery.com>; Adam Woodward
`<awoodward@devlinlawfirm.com>; Paul Richter <prichter@devlinlawfirm.com>;
`arojas@rojaslawfirm.com; jrojas@rojaslawfirm.com; Timothy Devlin <tdevlin@devlinlawfirm.com>
`Cc: Brumfield, Noah:CO (DC) <Noah.Brumfield@AllenOvery.com>; Nguyen, Lisa
`<Lisa.Nguyen@AllenOvery.com>; Lancaster, Eric <Eric.Lancaster@AllenOvery.com>; Elman, Jeremy
`<Jeremy.Elman@AllenOvery.com>
`Subject: RE: Hon Hai's Draft Motion for Exceptional Case Status (22-cv-22706)
`
`
`Caution: non-A&O email
`
`

`

`Case 1:22-cv-22706-RNS Document 176-12 Entered on FLSD Docket 05/06/2023 Page 4 of
`11
`
`Colby,
`
`We understand that BNR’s response to Hon Hai’s motion is due 4/21. We would like to extend this
`deadline by two-weeks to 5/5.
`
`Please let us know if you would be agreeable to this extension request.
`
`Thanks,
`
`Chris
`
`From: Colby.Davis@AllenOvery.com <Colby.Davis@AllenOvery.com>
`Sent: Tuesday, April 4, 2023 12:01 PM
`To: Christopher Clayton <cclayton@devlinlawfirm.com>; Adam Woodward
`<awoodward@devlinlawfirm.com>; Paul Richter <prichter@devlinlawfirm.com>;
`arojas@rojaslawfirm.com; jrojas@rojaslawfirm.com; Timothy Devlin <tdevlin@devlinlawfirm.com>
`Cc: Noah.Brumfield@AllenOvery.com; Lisa.Nguyen@AllenOvery.com;
`Eric.Lancaster@AllenOvery.com; Jeremy.Elman@AllenOvery.com
`Subject: RE: Hon Hai's Draft Motion for Exceptional Case Status (22-cv-22706)
`
`Chris,
`
`In light of the anticipated filing on Friday, we are inquiring again about BNR’s interest in a second
`conference to discuss the updated declarations, whether BNR’s positions have changed from the
`previous meet and confer, and any other issues. We continue to welcome any legal authority that
`supports BNR’s position on procedure.
`
`Regards,
`
`Colby A. Davis | Associate
`Allen & Overy LLP
`
`1101 New York Ave NW | Washington | DC | 20005 | USA
`Direct +1 202 683 3834 | Tel +1 202 683 3800 | Mobile +1 202 961 9523
`Fax +1 202 683 3999
`
`allenovery.com
`
`From: Davis, Colby:LT (DC)
`Sent: Thursday, March 30, 2023 10:52 AM
`To: Christopher Clayton <cclayton@devlinlawfirm.com>; Adam Woodward
`<awoodward@devlinlawfirm.com>; Paul Richter <prichter@devlinlawfirm.com>;
`arojas@rojaslawfirm.com; jrojas@rojaslawfirm.com; Timothy Devlin <tdevlin@devlinlawfirm.com>
`Cc: Brumfield, Noah:CO (DC) <Noah.Brumfield@AllenOvery.com>; Nguyen, Lisa
`<Lisa.Nguyen@AllenOvery.com>; Lancaster, Eric <Eric.Lancaster@AllenOvery.com>; Elman, Jeremy
`<Jeremy.Elman@AllenOvery.com>
`Subject: RE: Hon Hai's Draft Motion for Exceptional Case Status (22-cv-22706)
`
`

`

`Case 1:22-cv-22706-RNS Document 176-12 Entered on FLSD Docket 05/06/2023 Page 5 of
`11
`
`Chris,
`
`Please see attached Exhibits A-C to Hon Hai’s Motion for Exceptional Case Status. As requested by
`BNR, the edits to the declarations provide all available identifying information relating to conference
`between the parties. The motion will be filed on April 7th. As noted last week, we welcome any
`legal authority supporting BNR’s position on procedure. To the extent BNR believes it may be
`productive, we also welcome a second teleconference.
`
`Regards,
`
`Colby A. Davis | Associate
`Allen & Overy LLP
`
`1101 New York Ave NW | Washington | DC | 20005 | USA
`Direct +1 202 683 3834 | Tel +1 202 683 3800 | Mobile +1 202 961 9523
`Fax +1 202 683 3999
`
`allenovery.com
`
`From: Davis, Colby:LT (DC)
`Sent: Friday, March 24, 2023 4:25 PM
`To: Christopher Clayton <cclayton@devlinlawfirm.com>; Adam Woodward
`<awoodward@devlinlawfirm.com>; Paul Richter <prichter@devlinlawfirm.com>;
`arojas@rojaslawfirm.com; jrojas@rojaslawfirm.com; Timothy Devlin <tdevlin@devlinlawfirm.com>
`Cc: Brumfield, Noah:CO (DC) <Noah.Brumfield@AllenOvery.com>; Nguyen, Lisa
`<Lisa.Nguyen@AllenOvery.com>; Lancaster, Eric <Eric.Lancaster@AllenOvery.com>; Elman, Jeremy
`<Jeremy.Elman@AllenOvery.com>
`Subject: RE: Hon Hai's Draft Motion for Exceptional Case Status (22-cv-22706)
`
`Chris,
`
`Initially, it is clear on the face of the document that our motion is submitted in good faith with
`reasonable basis in law and fact, and so BNR’s threat of sanctions is unfounded and unhelpful. BNR
`has been aware that Hon Hai was considering pursuit of attorney’s fees since at least February 1st,
`when Hon Hai filed a response to BNR’s “unopposed” motion to dismiss (Dkt. No. 126) explicitly
`objecting to the requirement that each party shall bear its own attorney’s fees and costs. Dkt. No.
`128. At 5:19 PM EST on February 2nd—the day before BNR filed a second motion to dismiss Hon Hai
`(Dkt. No. 131)—you called me, Chris, specifically inquiring if Hon Hai intended to pursue attorney’s
`fees. I told you straightforwardly that we were considering pursuing attorney’s fees and conducting
`research, but had not made a final decision. In that context, BNR’s expression of surprise and its
`threats of sanctions are difficult to understand.
`
`In regard to procedure, as I explained yesterday, “[p]ursuant to Federal Rule of Civil Procedure 54(d)
`(2)(C), either party may move the Court to determine entitlement [to attorney’s fees] prior to
`submission on the issue of amount.” S.D. Fla. L.R. 7.3(a); see also Fed. R. Civ. Pro. 54(d)(2)(C) (“The
`court may decide issues of liability for fees before receiving submissions on the value of services.”).
`
`

`

`Case 1:22-cv-22706-RNS Document 176-12 Entered on FLSD Docket 05/06/2023 Page 6 of
`11
`
`A motion for exceptional case status addresses “entitlement” or “liability for fees,” and is properly
`filed “prior to submission on the issue of amount.” The Local Rules and Federal Rules of Civil
`Procedure expressly provide for the procedure elected here for the convenience of the parties and
`the Court, i.e., to avoid unnecessary efforts and expense directed to determination of the fee
`amount, in case the issue of entitlement is decided against the movant.
`
`Based on our research, Judge Scola has never been presented with a 35 U.SC. § 285 motion for
`attorney’s fees, so I noted that the procedure elected by Hon Hai in this case matches that of other
`defendants in patent cases in the Southern District of Florida. For example, I refer you to the
`procedure adopted in Electronic Comm. Tech., LLC, v. Minted, LLC, No. 9:16-cv-81669-KAM, Dkt. No.
`55 (S.D. Fla. Mar. 15, 2019). See also Elec. Commc'n Techs., LLC v. ShoppersChoice.com, LLC, 963
`F.3d 1371, 1380 (Fed. Cir. 2020) (vacating and remanding the denial of attorney’s fees). We are not
`aware of any authority rejecting the procedure elected by Hon Hai and other patent defendants in
`this district. If you are able to locate any such authority, please provide it to us.
`
`We provided ample notice of the issues and the factual basis for the intended motion. We provided
`the brief to you on March 8 containing the same facts that are recited in the declaration. I informed
`you of this on March 14, when I wrote “[t]he substance of the declarations is set forth in the Factual
`Background section of the brief.” So, BNR suffered from no delay. For the substance of the
`declarations, Lisa’s contemporaneous notes on the conference between the parties on October 3,
`2022, do not comport with your recollection of the conversation. We believe the contemporaneous
`notes are the most reliable indicator of what was said that day. Regardless, as the draft motion
`makes clear, Hon Hai’s basis for exceptional case status extends far beyond the words exchanged
`between counsel on any particular day. Under the totality of the circumstances set forth in the draft
`motion, we believe this case “stands out from others,” irrespective of any communications on
`October 3, 2022.
`
`As requested by Jose, we are presently editing the declarations to provide, where available, all dates,
`times, and participating attorneys. We will provide the edited declarations as soon as we can.
`Because Mr. Angelis is at a different law firm, his declaration may take longer to edit.
`
`Regards,
`
`Colby A. Davis | Associate
`Allen & Overy LLP
`
`1101 New York Ave NW | Washington | DC | 20005 | USA
`Direct +1 202 683 3834 | Tel +1 202 683 3800 | Mobile +1 202 961 9523
`Fax +1 202 683 3999
`
`allenovery.com
`
`From: Christopher Clayton <cclayton@devlinlawfirm.com>
`Sent: Friday, March 24, 2023 8:08 AM
`To: Davis, Colby:LT (DC) <Colby.Davis@AllenOvery.com>; Adam Woodward
`<awoodward@devlinlawfirm.com>; Paul Richter <prichter@devlinlawfirm.com>;
`arojas@rojaslawfirm.com; jrojas@rojaslawfirm.com; Timothy Devlin <tdevlin@devlinlawfirm.com>
`Cc: Brumfield, Noah:CO (DC) <Noah.Brumfield@AllenOvery.com>; Nguyen, Lisa
`
`

`

`Case 1:22-cv-22706-RNS Document 176-12 Entered on FLSD Docket 05/06/2023 Page 7 of
`11
`
`<Lisa.Nguyen@AllenOvery.com>; Lancaster, Eric <Eric.Lancaster@AllenOvery.com>; Elman, Jeremy
`<Jeremy.Elman@AllenOvery.com>
`Subject: RE: Hon Hai's Draft Motion for Exceptional Case Status (22-cv-22706)
`
`
`Caution: non-A&O email
`
`Colby,
`
`I write to memorialize the meet and confer that we had yesterday afternoon. You were on the call
`for Hon Hai, as well as Lisa Nguyen. For BNR it was Jose Rojas, Paul Richter, and myself. You
`requested this meet and confer in regards to Hon Hai’s draft motion for fees. On March 8, 2023, you
`emailed us a draft of this motion that failed to include the supporting materials. We requested
`these materials on March 9, 2023, but you did not send them to us until yesterday, less than 24
`hours before our scheduled meeting.
`
`You started the call with reference to Local Rule 7(b). This Rule provides that “a draft motion
`compliant with Local Rule 7.3(a)(1)-(8) must be served but not filed at least thirty (30) days prior to
`the deadline for filing any motion attorneys’ fees and/or costs that is governed by this Local Rule.
`Within twenty-one (21) days of service of the draft motion, the parties shall confer and attempt in
`good faith to agree on entitlement to and the amount of fees and expenses not taxable under 28
`U.S.C. § 1920. The respondent shall describe in writing and with reasonable particularity each time
`entry or nontaxable expense to which it objects, both as to issues of entitlement and as to amount,
`and shall provide supporting legal authority.”
`
`As an initial matter, the draft motion that you circulated to us fails to include any information as to
`“the amount of fees and expenses not taxable under 28 U.S.C. § 1920” as plainly required by Local
`Rule 7(b). When we pointed this problem out, you responded that it would be more “convenient for
`the parties” for entitlement to be handled first and fees later and that it was “pretty clear to you”
`that your proposed process was permissible. When we asked you to provide authority for this
`position, you said that you reviewed “dockets” and “spoke to the clerk” but failed to provide us with
`any case numbers. You also said that you did not find anything on Judge Scola’s docket that
`supported your position. When asked about the amount of fees that Hon Hai would be seeking, you
`said that you were not exactly sure on the amount but that it would probably be “about a hundred-
`thousand.”
`
`We responded to you by conveying that Hon Hai is not entitled to any fees. We also conveyed to
`you that we are researching seeking sanctions and fees with respect to Hon Hai’s proposed motion,
`which we contend is without basis. In particular, Jose and I conveyed to you that we had a different
`recollection of the meet and confer referred to in Lisa Nguyen’s Declaration. During that telephonic
`meet and confer on October 3, 2022, which Jose and I both attended on behalf of BNR, I
`represented to Lisa that we were open to hearing her position and receiving any information about
`the motion. I also requested a draft of the motion. We did not receive any follow-up information
`nor did we receive a draft of the motion which would necessarily include a supporting declaration.
`
`

`

`Case 1:22-cv-22706-RNS Document 176-12 Entered on FLSD Docket 05/06/2023 Page 8 of
`11
`
`As I conveyed to you this afternoon, and based on our recollection, Lisa did not “offer[] to provide
`documentation to BNR” during the meet and confer on October 3, 2022, nor did we “only state that
`it would wait to see Hon Hai’s motion papers.” See ¶¶ 4, 5. The opposite is true. We conveyed that
`we were open to receiving information and requested a draft of the motion. Nonetheless, on the
`call today, Lisa stood by her recollection as stated in her Declaration. We reiterated BNR’s position
`that Hon Hai's motion for fees is inappropriate.
`
`Jose also pointed out that the declarations are not clear on dates, times, and who is making
`particular representations. Lisa indicated that she is happy to provide additional details to the
`declarations. We understand that these additional details will not change the substance of what has
`already been provided.
`
`We reserve all rights.
`
`Best regards,
`
`Chris
`
`***********************************************************
`The information contained in this communication is confidential and is intended only for the use of the intended
`addressee. It is the property of Devlin Law Firm LLC and may contain information subject to attorney-client
`privilege and/or may constitute inside information. Unauthorized use, disclosure or copying of this communication
`or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error,
`please notify us immediately by return e-mail or by e-mail to correspondence@devlinlawfirm.com, and destroy this
`communication and all copies thereof, including all attachments.
`
`From: Colby.Davis@AllenOvery.com <Colby.Davis@AllenOvery.com>
`Sent: Wednesday, March 22, 2023 4:04 PM
`To: Christopher Clayton <cclayton@devlinlawfirm.com>; Adam Woodward
`<awoodward@devlinlawfirm.com>; Paul Richter <prichter@devlinlawfirm.com>;
`arojas@rojaslawfirm.com; jrojas@rojaslawfirm.com; Timothy Devlin <tdevlin@devlinlawfirm.com>
`Cc: Noah.Brumfield@AllenOvery.com; Lisa.Nguyen@AllenOvery.com;
`Eric.Lancaster@AllenOvery.com; Jeremy.Elman@AllenOvery.com
`Subject: RE: Hon Hai's Draft Motion for Exceptional Case Status (22-cv-22706)
`
`Counsel,
`
`

`

`Case 1:22-cv-22706-RNS Document 176-12 Entered on FLSD Docket 05/06/2023 Page 9 of
`11
`
`Please see attached the declarations for the draft Motion for Exceptional Case Status (Exhs. A-B). I
`will circulate a calendar invite for tomorrow’s 1PM EST conference under separate cover.
`
`Regards,
`
`Colby A. Davis | Associate
`Allen & Overy LLP
`
`1101 New York Ave NW | Washington | DC | 20005 | USA
`Direct +1 202 683 3834 | Tel +1 202 683 3800 | Mobile +1 202 961 9523
`Fax +1 202 683 3999
`
`allenovery.com
`
`From: Christopher Clayton <cclayton@devlinlawfirm.com>
`Sent: Friday, March 17, 2023 8:21 AM
`To: Davis, Colby:LT (DC) <Colby.Davis@AllenOvery.com>; Adam Woodward
`<awoodward@devlinlawfirm.com>; Paul Richter <prichter@devlinlawfirm.com>;
`arojas@rojaslawfirm.com; jrojas@rojaslawfirm.com; Timothy Devlin <tdevlin@devlinlawfirm.com>
`Cc: Brumfield, Noah:CO (DC) <Noah.Brumfield@AllenOvery.com>; Nguyen, Lisa
`<Lisa.Nguyen@AllenOvery.com>; Lancaster, Eric <Eric.Lancaster@AllenOvery.com>; Elman, Jeremy
`<Jeremy.Elman@AllenOvery.com>
`Subject: RE: Hon Hai's Draft Motion for Exceptional Case Status (22-cv-22706)
`
`
`Caution: non-A&O email
`
`Colby,
`
`Please provide us with all of the materials we requested within a reasonable amount of time prior to
`the meet and confer. We are available on 3/23 at 1:00 PM ET.
`
`Best regards,
`
`Chris
`
`From: Colby.Davis@AllenOvery.com <Colby.Davis@AllenOvery.com>
`Sent: Tuesday, March 14, 2023 1:12 PM
`To: Christopher Clayton <cclayton@devlinlawfirm.com>; Adam Woodward
`<awoodward@devlinlawfirm.com>; Paul Richter <prichter@devlinlawfirm.com>;
`arojas@rojaslawfirm.com; jrojas@rojaslawfirm.com
`Cc: Noah.Brumfield@AllenOvery.com; Lisa.Nguyen@AllenOvery.com;
`Eric.Lancaster@AllenOvery.com; Jeremy.Elman@AllenOvery.com
`Subject: RE: Hon Hai's Draft Motion for Exceptional Case Status (22-cv-22706)
`
`

`

`Case 1:22-cv-22706-RNS Document 176-12 Entered on FLSD Docket 05/06/2023 Page 10 of
`11
`
`Hello Chris,
`
`We will provide the declarations in advance of the meet and confer. The substance of the
`declarations is set forth in the Factual Background section of the brief, and there will be no
`surprises. Please update us in regard to your availability to meet and confer.
`
`Regards,
`
`Colby A. Davis | Associate
`Allen & Overy LLP
`
`1101 New York Ave NW | Washington | DC | 20005 | USA
`Direct +1 202 683 3834 | Tel +1 202 683 3800 | Mobile +1 202 961 9523
`Fax +1 202 683 3999
`
`allenovery.com
`
`From: Christopher Clayton <cclayton@devlinlawfirm.com>
`Sent: Thursday, March 9, 2023 12:13 PM
`To: Davis, Colby:LT (DC) <Colby.Davis@AllenOvery.com>; Adam Woodward
`<awoodward@devlinlawfirm.com>; Paul Richter <prichter@devlinlawfirm.com>;
`arojas@rojaslawfirm.com; Jose I. Rojas <jrojas@rojaslawfirm.com>
`Cc: Brumfield, Noah:CO (DC) <Noah.Brumfield@AllenOvery.com>; Nguyen, Lisa
`<Lisa.Nguyen@AllenOvery.com>; Lancaster, Eric <Eric.Lancaster@AllenOvery.com>; Elman, Jeremy
`<Jeremy.Elman@AllenOvery.com>
`Subject: RE: Hon Hai's Draft Motion for Exceptional Case Status (22-cv-22706)
`
`
`Caution: non-A&O email
`
`Colby,
`
`Please provide all of the supporting materials (declarations and exhibits) that are referenced in this
`draft.
`
`We are still conferring internally on our availability to meet and confer.
`
`Best,
`
`Chris
`
`From: Colby.Davis@AllenOvery.com <Colby.Davis@AllenOvery.com>
`Sent: Wednesday, March 8, 2023 1:49 PM
`To: Adam Woodward <awoodward@devlinlawfirm.com>; Christopher Clayton
`<cclayton@devlinlawfirm.com>; Paul Richter <prichter@devlinlawfirm.com>;
`arojas@rojaslawfirm.com
`
`

`

`Case 1:22-cv-22706-RNS Document 176-12 Entered on FLSD Docket 05/06/2023 Page 11 of
`11
`
`Cc: Noah.Brumfield@AllenOvery.com; Lisa.Nguyen@AllenOvery.com;
`Eric.Lancaster@AllenOvery.com; Jeremy.Elman@AllenOvery.com
`Subject: Hon Hai's Draft Motion for Exceptional Case Status (22-cv-22706)
`
`Counsel,
`In accordance with SDFL Local Rule 7.3(b), we hereby serve the attached draft motion for
`exceptional case status. For the convenience of the parties and the Court, we are proceeding under
`FRCP 54(d)(2)(C), and limiting the initial motion to the issue of entitlement. Note that BNR is
`required to “describe in writing,” “and shall provide supporting legal authority” for any argument
`against the fees entitlement asserted in the draft motion.
`
`The parties are required to meet and confer by March 29th. Please provide your availability.
`
`Regards,
`
`Colby A. Davis | Associate
`Allen & Overy LLP
`
`1101 New York Ave NW | Washington | DC | 20005 | USA
`Direct +1 202 683 3834 | Tel +1 202 683 3800 | Mobile +1 202 961 9523
`Fax +1 202 683 3999
`
`allenovery.com
`
`This email is confidential and may also be privileged. If you are not the intended recipient please delete it and notify
`us immediately by telephoning or e-mailing the sender. You should not copy it or use it for any purpose nor disclose
`its contents to any other person.
`Allen & Overy LLP
`1101 New York Avenue, NW
`Washington, D.C. 20005
`Tel: 202 683 3800
`Fax: 202 683 3999
`https://www.allenovery.com
`
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