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`UNITED STATES DISTRICT COURT
`DISTRICT OF KANSAS
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`Case No. 6:17-cv-01217
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`LOGANTREE LP,
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` Plaintiff,
`vs.
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`GARMIN INTERNATIONAL, INC. and
`GARMIN USA, INC.,
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`Defendants.
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`GARMIN INTERNATIONAL, INC. AND GARMIN USA, INC.’S NOTICE TO THE
`COURT AND MOTION TO VACATE DEADLINES
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`Garmin files this notice and motion to inform the Court that LoganTree notified Garmin of
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`the passing of LoganTree’s principal officer, Theodore Brann, on Tuesday, August 31, 2021. Due
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`to Mr. Brann’s passing, the parties have been unable to complete their meet and confer process
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`relating to the Court’s August 5 Order (Dkt. 138) regarding reasonable attorneys’ fees for Garmin’s
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`motion for protective order and the other issues. Under that Order, Garmin’s motion for attorneys’
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`fees is due on September 3, 2021. Prior to the Mr. Brann’s passing, the parties were engaged in
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`the meet and confer process and were discussing resolution of all issues currently pending before
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`the Court—attorneys’ fees, source code printouts, and expert report deadlines. The parties were
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`making good progress on resolution of these issues but were unable to complete that process due
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`to the death of LoganTree’s principal officer.
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`Given Mr. Brann’s death, Garmin requests that the Court vacate the current deadlines from
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`its August 5 Order (Dkt. 138), as well as the remaining deadlines in the case (Dkt. 110) or,
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`alternatively, extend the deadlines under Local Rule 6.1 to allow LoganTree time to appoint a new
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`principal officer. Garmin further requests that the Court grant the parties 30 days to provide a status
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`Case 6:17-cv-01217-EFM-ADM Document 140 Filed 09/02/21 Page 2 of 3
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`report, so that LoganTree may regroup with its new principal officer and the parties can resume
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`their meet and confer process. Garmin believes the parties were engaging in the meet and confer
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`process in good faith and further believes the parties can reach a resolution to at least some of the
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`issues, if LoganTree is given additional time to re-engage in these discussions. Garmin’s request
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`is not sought for delay or any dilatory motive, and the death of Mr. Brann constitutes good cause
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`to delay and extend the remaining deadlines in the case.
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`Garmin discussed this proposal on a call on September 1, 2021, with LoganTree’s counsel
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`but was informed he presently had no authority to respond to the proposal.
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`Dated: September 2, 2021
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`Respectfully submitted,
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`/s/ Megan J. Redmond
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`Megan J. Redmond, KS Bar #21999
`Adam P. Seitz, KS Bar #21059
`Carrie A. Bader, KS Bar #24436
`Clifford T. Brazil, KS Bar #27408
`ERISE IP, P.A.
`7015 College Blvd., Suite 700
`Overland Park, Kansas 66211
`Phone: 913.777.5600
`Facsimile: 913.777.5601
`megan.redmond@eriseip.com
`adam.seitz@eriseip.com
`carrie.bader@eriseip.com
`cliff.brazil@eriseip.com
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`Counsel for Defendants Garmin
`International, Inc. and Garmin USA, Inc.
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` 2
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`Case 6:17-cv-01217-EFM-ADM Document 140 Filed 09/02/21 Page 3 of 3
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`CERTIFICATE OF SERVICE
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`I hereby certify that, on September 2, 2021, the foregoing notice and motion was served on
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`all counsel of record via the Court’s CM/ECF filing system.
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`By:
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`/s/ Megan J. Redmond
`Megan J. Redmond
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` 3
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