LOGANTREE LP
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`Plaintiff,
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`v.
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`GARMIN INTERNATIONAL, INC.
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`Defendant.
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`Case 6:17-cv-01217-EFM Document 201 Filed 02/25/22 Page 1 of 4
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF KANSAS
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`CIVIL ACTION NO. 6:17-CV-01217
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`UNOPPOSED MOTION FOR LEAVE TO FILE CORRECTED RESPONSE TO
`GARMIN’S MOTION FOR SUMMARY JUDGMENT
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`Plaintiff LoganTree LP (“LoganTree”) respectfully files this Unopposed Motion for Leave
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`to File a Corrected Response to Defendant Garmin International, Inc.’s (“Garmin”) Motion for
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`Summary Judgment (Dkt. No. 194) (“the Motion”). Prior to filing the Motion, LoganTree’s
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`counsel circulated the Motion and supporting exhibits to Garmin’s Counsel. Garmin’s Counsel
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`indicated that Garmin is unopposed to this Motion for Leave. In support of the Motion, LoganTree
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`states as follows:
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`On January 13, 2022, LoganTree filed its Response to Garmin’s Motion for Summary
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`Judgment (“Response”). Dkt. No. 194. In support of its Response, LoganTree attached as Exhibit
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`B excerpts from its expert Monty Myers’s certified deposition transcript, which LoganTree cited
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`to throughout its Response. Dkt. No. 194.3. Due to a drafting oversight, however, most (but not
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`all) of the Myers deposition citations in LoganTree’s Response used the page numbering for an
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`earlier, rough-draft version of the transcript that LoganTree’s counsel had used when drafting the
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`Response. As a result, many of the citations to the Myers transcript citations in LoganTree’s
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`Response do not correspond to the pages attached as Exhibit B. The page numbering used in
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`UNOPPOSED MOTION FOR LEAVE TO FILE CORRECTED RESPONSE
`TO GARMIN’S MOTION FOR SUMMARY JUDGMENT
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`1
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`Case 6:17-cv-01217-EFM Document 201 Filed 02/25/22 Page 2 of 4
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`LoganTree’s citations was then used to “pull” the transcript pages compiled as Exhibit B, resulting
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`in an incorrect selection of pages for the exhibit filed with LoganTree’s Response. LoganTree’s
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`counsel only recently became aware of this error, for which they respectfully apologize to the
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`Court.
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`LoganTree now files the Motion respectfully seeking the Court’s leave to correct the
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`citations to Myers’s deposition transcript in its Response and for leave to file a corrected Exhibit
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`B containing the intended selection of transcript pages. In support of this Motion, LoganTree has
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`attached hereto as Exhibit 1 the Corrected Response to Garmin’s Motion for Summary Judgment,
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`which contains the corrected citations along with the corrected Exhibit B and the other exhibits
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`that LoganTree initially filed with the Court that are unmodified.1 In addition to Exhibit 1,
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`LoganTree has also attached hereto Exhibit 2, a redline between the proposed corrected response
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`and the initially filed response, and Exhibit 3, a table capturing the changes in citations between
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`the proposed corrected response and the initially filed response.
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`LoganTree does not bring this Motion in order to “supplement” its summary judgment
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`evidence or to present new or different evidence or arguments. The sole purpose of this Motion is
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`to correct a drafting error resulting from an understandable mistake about two differently-
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`numbered versions of the same deposition transcript. LoganTree brings this Motion not for the
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`purpose of delay, but solely that justice may be done. Counsel for Garmin have indicated that
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`Garmin is unopposed to the relief sought.
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`Therefore, LoganTree respectfully asks that the Motion be granted and the attached
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`Corrected Response to Garmin’s Motion for Summary Judgment, which contains the corrected
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`The unredacted version of Exhibit A is filed at Dkt. No. 197.
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`1
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`UNOPPOSED MOTION FOR LEAVE TO FILE CORRECTED RESPONSE
`TO GARMIN’S MOTION FOR SUMMARY JUDGMENT
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`2
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`Case 6:17-cv-01217-EFM Document 201 Filed 02/25/22 Page 3 of 4
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`citations along with the corrected Exhibit B and the other exhibits that LoganTree initially filed
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`with the Court that are unmodified, be filed with the Court.
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`Respectfully submitted by:
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`FOULSTON SIEFKIN LLP
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`/s/Clayton J. Kaiser
`Clayton J. Kaiser, Kansas Bar #24066
`Foulston Siefkin LLP
`1551 N. Waterfront Pkwy, Suite 100
`Wichita, Kansas 67206
`(316) 291-9539
`(866) 280-2532 FAX
`Email: ckaiser@foulston.com
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`and
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`MCCATHERN, PLLC
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`/s/ Arnold Shokouhi
`Arnold Shokouhi, TX (pro hac vice)
`James E. Sherry, TX (pro hac vice)
`McCathern, PLLC
`3710 Rawlins Street, Suite 1600
`Dallas, TX 75219
`(214) 443-4478
`(214) 741-4717 FAX
`Email: arnolds@mccathernlaw.com
`Email: jsherry@mccathernlaw.com
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`Counsel for Plaintiff
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`UNOPPOSED MOTION FOR LEAVE TO FILE CORRECTED RESPONSE
`TO GARMIN’S MOTION FOR SUMMARY JUDGMENT
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`3
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`Case 6:17-cv-01217-EFM Document 201 Filed 02/25/22 Page 4 of 4
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`CERTIFICATE OF SERVICE
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`I hereby certify that on February 25, 2022, I electronically filed a copy of the foregoing
`document with the Clerk of the Court using the CM/ECF system, which will send notification of
`such filing to counsel of record for all parties in the case.
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`/s/Clayton J. Kaiser
`Clayton J. Kaiser, #24066
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`CERTIFICATE OF CONFERENCE
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`/s/Clayton J. Kaiser
`Clayton J. Kaiser, #24066
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`I hereby certify that on February 16-18 & 23-24 2022, I conferred with counsel for Garmin
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`on the above styled Motion and they indicated that they are unopposed to the Motion.
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`UNOPPOSED MOTION FOR LEAVE TO FILE CORRECTED RESPONSE
`TO GARMIN’S MOTION FOR SUMMARY JUDGMENT
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`4
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