`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`CYWEE GROUP LTD.,
`
`Plaintiff
`
`v.
`
`SAMSUNG ELECTRONICS CO. LTD.
`AND SAMSUNG ELECTRONICS
`AMERICA, INC.,
`
`Defendants.
`
`§
`§
`§
`§
`§
`§
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`§
`§
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`NO. 2:17-CV-00140-RWS-RSP
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`
`
`DEFENDANTS SAMSUNG ELECTRONICS CO., LTD. AND SAMSUNG
`ELECTRONICS AMERICA, INC.’S MOTION TO STRIKE PLAINTIFF CYWEE
`GROUP LTD.’S REPLY IN SUPPORT OF ITS MOTION TO COMPEL
`
`Defendants Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc.
`
`(collectively, “Samsung”) respectfully request that the Court strike Plaintiff CyWee Group Ltd.’s
`
`Reply in Support of Motion to Compel Interrogatory Responses (Dkt. No. 52), filed on
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`December 20, 2017. Under the Court’s June 3, 2016 Standing Order relating to Discovery
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`Disputes, a party may not file a reply brief in support of a discovery motion (such as Plaintiff’s
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`motion to compel here) absent a court order.1 Plaintiff did not obtain or even request the Court’s
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`permission to file its reply and refused to withdraw the reply when Samsung asked it to do so.
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`(Decl. of S. Moseley in Support of Defendants’ Mot. to Strike CyWee’s Reply, Ex. A at 1.)
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`Accordingly, Samsung respectfully requests that the Court strike that reply.
`
`
`
`
`
`
`1 For the same reasons set forth in Samsung’s Reply in Support of Motion to Strike Plaintiff
`CyWee Group Ltd.’s Motion to Compel, the Court’s Standing Order is fully applicable to this
`case. (Dkt. No. 54 at 2–3.)
`
`
`
`Case 2:17-cv-00140-RWS-RSP Document 55 Filed 01/09/18 Page 2 of 3 PageID #: 1399
`
`DATED: January 9, 2018
`
`
`Respectfully submitted,
`
`By: /s/ Christopher W. Kennerly
`Christopher W. Kennerly
`TX Bar No. 00795077
`chriskennerly@paulhastings.com
`PAUL HASTINGS LLP
`1117 S. California Ave.
`Palo Alto, California 94304
`Telephone: (650) 320-1800
`Facsimile:
`(650) 320-1900
`
`Elizabeth L. Brann (pro hac vice)
`CA Bar No. 222873
`elizabethbrann@paulhastings.com
`PAUL HASTINGS LLP
`4747 Executive Drive, 12th Floor
`San Diego, California 92121
`Telephone: (858) 458-3000
`Facsimile:
`(858) 458-3005
`
`Melissa R. Smith
`TX Bar No. 24001351
`melissa@gillamsmithlaw.com
`GILLAM & SMITH, LLP
`303 S. Washington Ave.
`Marshall, TX 75670
`Telephone: (903) 934-8450
`Facsimile: (903) 934-9257
`
`Attorneys for Defendants
`SAMSUNG ELECTRONICS CO. LTD AND
`SAMSUNG ELECTRONICS AMERICA,
`INC.
`
`-2-
`
`
`
`Case 2:17-cv-00140-RWS-RSP Document 55 Filed 01/09/18 Page 3 of 3 PageID #: 1400
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the foregoing document was filed
`
`electronically in compliance with Local Rule CV-5 on January 9, 2018. As of this date, all
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`counsel of record had consented to electronic service and are being served with a copy of this
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`document through the Court’s CM/ECF system under Local Rule CV-5(a)(3)(A).
`
` /s/ Christopher W. Kennerly
`Christopher W. Kennerly
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF CONFERENCE
`
`In accordance with Local Rule CV-7(h), I hereby certify that counsel for Defendants,
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`Steven Moseley, met and conferred with counsel for Plaintiff, Will Ellerman, by telephone on
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`January 4, 2018. Counsel for Defendants requested that CyWee withdraw its reply in support of
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`its motion to compel because the Court’s Standing Order does not allow a reply brief to be filed
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`in support of a discovery motion. Counsel for Plaintiff refused to withdraw the reply and stated
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`that it would oppose the relief requested herein, arguing without any basis that the Court’s
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`Standing Order does not apply because pre-trial matters in this case have been referred to Judge
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`Payne and because the discovery order in this case does not preclude filing of a reply brief in
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`support of a discovery motion.
`
`
`
` /s/ Christopher W. Kennerly
`Christopher W. Kennerly
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`-3-
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