Case 2:15-cv-01274-JRG-RSP Document 395 Filed 01/17/17 Page 1 of 5 PageID #: 29205
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`BLITZSAFE TEXAS, LLC,
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`Plaintiff,
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`v.
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`HONDA MOTOR CO., LTD., ET AL.,
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`Defendants.
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`BLITZSAFE TEXAS, LLC,
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`Plaintiff,
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`v.
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`HYUNDAI MOTOR COMPANY., ET AL.,
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`Defendants.
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`Case No. 2:15-CV-1274-JRG-RSP
`LEAD CASE
`JURY TRIAL DEMANDED
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`Case No. 2:15-CV-1275-JRG-RSP
`JURY TRIAL DEMANDED
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`HYUNDAI AND KIA’S JOINT MOTION FOR A ONE-WEEK CONTINUANCE OF
`THE TRIAL DATE
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`Defendants Hyundai Motor America (“HMA”), Hyundai Motor Manufacturing Alabama,
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`LLC (“HMMA”), Kia Motors America, Inc. (“KMA”), and Kia Motors Manufacturing Georgia,
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`Inc. (“KMMG”) (collectively “Hyundai and Kia” or “Defendants”) file this Motion to Continue
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`the Trial Date by one week, which is presently set for jury selection on February 6, 2017 under the
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`Court’s Docket Control Order. In support of their motion, Defendants state as follows:
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`Case 2:15-cv-01274-JRG-RSP Document 395 Filed 01/17/17 Page 2 of 5 PageID #: 29206
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`I.
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`INTRODUCTION
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`On October 30, 2015, this Court consolidated five related cases brought by Blitzsafe Texas,
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`LLC against various car manufacturers.1 Jury Selection in the consolidated case is set to commence
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`on February 6, 2017 at 9:00 a.m. Dkt. No. 56. On January 10, 2017, the Court entered a preliminary
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`Order on Trial designating the Volkswagen case to go first, with the Hyundai case on deck and
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`scheduled to go forward on February 6, 2017 if the Volkswagen case does not. Dkt. 378.
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`Defendants have recently learned of a scheduling conflict involving their main technical
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`witness, Dr. Kyriakakis, who is expected to testify on non-infringement and invalidity. Dr.
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`Kyriakakis is an associate professor in the Electrical Engineering department of the University of
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`Southern California. Ex. A, ¶ 1. One of his research projects was selected by the university to be
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`honored at an event hosted by the St. Sophia Greek Orthodox Church in Los Angeles that is
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`scheduled to take place on February 9, 2017. Id. at ¶¶ 3-5. The event, entitled “Byzantium 2.0:
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`Acoustic Time Travel” is a matter of great personal and professional importance to Dr. Kyriakakis
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`and involves research collaborators from UCLA and the Berklee College of Music as well as
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`internationally acclaimed Byzantine chanters and other musicians. Id. at ¶¶ 4-5. The event will be
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`attended by the President and Trustees of USC, the Dean of the St. Sophia Church, members of
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`the Los Angeles City Council, and several hundred students and other guests. Id. at ¶ 5. The event
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`involves an advanced immersive audio installation that must be custom-built for the St. Sophia
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`Cathedral, which will require Dr. Kyriakakis’s daily presence leading up to February 9, 2017. Id.
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`at ¶ 6. The scheduling of the event was dictated by the complex schedule of the St. Sophia
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`Cathedral (including the Greek Orthodox Easter observances) and cannot be moved. Id. at ¶ 7.
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`1 Blitzsafe Texas, LLC v. Honda Motor Co. et al., Case No. 2:!5-cv-01274-JRG-RSP; Blitzsafe Texas, LLC
`v. Hyundai Motor Company et al., 2:!5-cv-01275-JRG-RSP; Blitzsafe Texas, LLC v. Nissan Motor Co. et
`al., 2:!5-cv-01276-JRG-RSP; Blitzsafe Texas, LLC v. Toyota Motor Corp. et al., 2:!5-cv-01277-JRG-RSP;
`Blitzsafe Texas, LLC v. Volkswagen Group of America, Inc. et al., 2:!5-cv-01278-JRG-RSP.
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`Case 2:15-cv-01274-JRG-RSP Document 395 Filed 01/17/17 Page 3 of 5 PageID #: 29207
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`In light of the Dr. Kyriakakis’s scheduling conflict and to avoid any prejudice to the Parties
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`and the Court, and to avoid confusing the jury by altering the order in which witnesses are
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`presented, Defendants request a short 1-week continuance of the trial start date to accommodate
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`Dr. Kyriakakis’s schedule. In furtherance of this request, the Hyundai and Kia defendants have
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`also consented to have this case heard before Magistrate Judge Payne. Ex. B.
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`II.
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`CASE SCHEDULE
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`The current deadlines and the proposed new dates are set forth below.
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`Event
`9:00 a.m. JURY SELECTION
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`III.
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` RELIEF REQUESTED
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`Proposed Date
`Current Date
`February 6, 2017 February 13, 2017
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`WHEREFORE, for good cause shown, Defendants respectfully request that the Court
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`extend the aforementioned deadline. Plaintiff has stated that it takes no position in regard to the
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`relief sought in this motion.
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`Dated: January 17, 2017
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`Respectfully submitted,
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`DLA PIPER LLP (US)
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`By: /s/ Eric H. Findlay
`Paul R. Steadman
`Illinois Bar No. 6238160
`Matthew D. Satchwell
`Illinois Bar No. 6290672
`DLA Piper LLP
`203 N. LaSalle St., Suite 1900
`Chicago, IL 60601-1293
`312.368.2111 – Office
`312.236.7516 – Facsimile
`paul.steadman@dlapiper.com
`matthew.satchwell@dlapiper.com
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`Patrick S. Park
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`Case 2:15-cv-01274-JRG-RSP Document 395 Filed 01/17/17 Page 4 of 5 PageID #: 29208
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`California Bar No. 246348
`DLA Piper LLP
`2000 Avenue of the Stars, Suite 400
`Los Angeles, CA 90067-4704
`310.595.3113 – Office
`310.595.3413 – Facsimile
`patrick.park@dlapiper.com
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`Eric H. Findlay (TX Bar No. 00789886)
`Brian Craft (TX Bar No. 04972020)
`FINDLAYCRAFT, P.C.
`102 North College Avenue, Suite 900
`Tyler, TX 75702
`Tel: (903) 534-1100
`Fax: (903) 534-1137
`efindlay@findlaycraft.com
`bcraft@findlaycraft.com
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`ATTORNEYS FOR DEFENDANTS
`HYUNDAI MOTOR AMERICA,
`HYUNDAI MOTOR
`MANUFACTURING ALABAMA, LLC,
`KIA MOTORS AMERICA, INC., AND
`KIA MOTORS MANUFACTURING
`GEORGIA, INC.
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`Case 2:15-cv-01274-JRG-RSP Document 395 Filed 01/17/17 Page 5 of 5 PageID #: 29209
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`CERTIFICATE OF CONFERENCE
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`The undersigned certifies that counsel for Defendants conferred with counsel for Plaintiff
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`on January 16. Plaintiff notified Defendants late in the afternoon of January 17 that Plaintiff
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`“cannot agree, but takes no position” in regard to the relief sought in this motion.
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`/s/ Matthew Satchwell
` Matthew Satchwell
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that on January 17, 2017, all counsel of record who are deemed
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`to have consented to electronic service are being served with a copy of this document through the
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`Court’s CM/ECF system under Local Rule CV-5(a)(3).
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`/s/ Eric H. Findlay
` Eric H. Findlay
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