`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TENNESSEE
`WESTERN DIVISION
`
`
`B.E. TECHNOLOGY, L.L.C.,
`
`
`APPLE INC.,
`
`
`
`
`
`Defendant.
`
`
`
`DEFENDANT APPLE INC.’S
`MOTION TO STAY PROCEEDINGS PENDING RESOLUTION OF ITS
`MOTION TO TRANSFER VENUE PURSUANT TO 28 U.S.C. § 1404(a)
`
`Defendant Apple Inc. (“Apple”) respectfully moves this Court to stay all proceedings in
`
`this case, including disclosure and discovery pursuant to the Local Patent Rules, pending
`
`resolution of Apple’s motion to transfer this case to the Northern District of California, pursuant
`
`to 28 U.S.C. § 1404(a). The facts and legal authorities supporting this relief are set forth in the
`
`accompanying memorandum.
`
`
`
`Respectfully submitted,
`
`
`s/Glen G. Reid, Jr.
`Glen G. Reid, Jr. (#8184)
`WYATT, TARRANT & COMBS, LLP
`1715 Aaron Brenner Dr., Suite 800
`Memphis, TN 38120
`Telephone: (901) 537-1000
`Facsimile: (901) 537-1010
`greid@wyattfirm.com
`
`
`s/Mark Vorder-Bruegge, Jr.
`Mark Vorder-Bruegge, Jr. (#06389)
`WYATT, TARRANT & COMBS, LLP
`1715 Aaron Brenner Dr., Suite 800
`Memphis, TN 38120
`Telephone: (901) 537-1000
`
`
`
`
`
`
`
`
`
`
`
`Plaintiff,
`
`
`
`v.
`
`Civil Action No. 2:12-cv-02831-JPM-tmp
`
`
`
`
`
`
`
`Case 2:12-cv-02831-JPM-tmp Document 41 Filed 02/11/13 Page 2 of 3 PageID 738
`
`
`
`Facsimile: (901) 537-1010
`mvorder-bruegge@wyattfirm.com
`
`Clay C. James
`Srecko “Lucky” Vidmar
`C. Matthew Rozier
`HOGAN LOVELLS US LLP
`One Tabor Center, Suite 1500
`1200 Seventeenth Street
`Denver, CO 80202
`Telephone: (303) 899-7300
`Facsimile: (303) 899-7333
`clay.james@hoganlovells.com
`lucky.vidmar@hoganlovells.com
`matt.rozier@hoganlovells.com
`
`Counsel for Defendant APPLE INC.
`
`
`
`CERTIFICATE OF CONSULTATION
`
`
`
`I, Clay James, attorney for defendant, certify that I attempted to confer with plaintiff’s
`
`counsel Robert Freitas and Richard Carter by email on February 8, 2013 regarding the filing of
`
`the foregoing motion, shortly after the Court granted similar motions in three related cases.
`
`Plaintiff’s counsel did not respond to that inquiry. Prior to that time, defendant’s local counsel,
`
`Mark Vorder-Bruegge, conferred with Mr. Carter on multiple occasions culminating on February
`
`7, 2013, when Mr. Carter advised that plaintiff would not agree to the requested relief.
`
`
`s/Clay James
`Clay James
`
`
`
`
`
`
`
`
`
`- 2 -
`
`
`
`
`
`Case 2:12-cv-02831-JPM-tmp Document 41 Filed 02/11/13 Page 3 of 3 PageID 739
`
`
`
`CERTIFICATE OF SERVICE
`
`The foregoing document was filed under the Court’s CM/ECF system, automatically
`
`effecting service on counsel of record for all other parties who have appeared in this action on
`
`the date of such service
`
`60323653.1
`
`
`
`
`
`
`
`s/Mark Vorder-Bruegge, Jr.
`Mark Vorder-Bruegge, Jr.
`
`
`
`
`
`
`
`- 3 -
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
