Case 2:17-cv-00513-JRG Document 150 Filed 06/22/18 Page 1 of 5 PageID #: 5591
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`
`
`
`Plaintiff,
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`
`v.
`
`HUAWEI DEVICE USA INC., HUAWEI
`DEVICE CO., LTD. AND HUAWEI
`DEVICE (DONGGUAN) CO., LTD.,
`HTC CORPORATION,
`LG ELECTRONICS, INC.,
`APPLE INC.,
`ZTE CORPORATION, ZTE (USA), INC.,
`AND ZTE (TX), INC.,
`
`
`
`
`Defendants.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`
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`
`
`Civil Action No. 2:17-CV-513-JRG
`(Lead Case)
`
`Civil Action No. 2:17-CV-514-JRG
`Civil Action No. 2:17-CV-515-JRG
`Civil Action No. 2:17-CV-516-JRG
`Civil Action No. 2:17-CV-517-JRG
`
`JOINT MOTION TO CONTINUE EVIDENTIARY HEARING ON LG ELECTRONICS
`INC.’S MOTION TO DISMISS FOR LACK OF JURISDICTION
`
`Plaintiff AGIS Software Development LLC (“AGIS”) and Defendant LG Electronics Inc.
`
`(“LGEKR”) hereby file this Joint Motion to Continue this Court’s evidentiary hearing on
`
`LGEKR’s Motion to Dismiss for Lack of Jurisdiction which is set for July 6, 2018, at 9:00 A.M
`
`(Dkt. 144). The parties respectfully request that the hearing originally set for July 6, 2018 be
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`reset at the Court’s convenience during the week of August 13, 2018 or at such other date
`
`thereafter.
`
`
`
`Good cause supports the requested extension because it would provide sufficient time for
`
`the parties to complete discovery in an orderly fashion on the jurisdictional issues related to the
`
`hearing. Following the Court’s notice setting an evidentiary hearing on LGEKR’s motion, AGIS
`
`requested that LG provide documents relating to how LG’s subsidiaries take possession of the
`
`accused products and requested a deposition of LG’s declarant, JuSeong Ryu. AGIS also issued
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`
`
`
`Plaintiff,
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`
`v.
`
`HUAWEI DEVICE USA INC., HUAWEI
`DEVICE CO., LTD. AND HUAWEI
`DEVICE (DONGGUAN) CO., LTD.,
`HTC CORPORATION,
`LG ELECTRONICS, INC.,
`APPLE INC.,
`ZTE CORPORATION, ZTE (USA), INC.,
`AND ZTE (TX), INC.,
`
`
`
`
`Defendants.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`
`
`
`
`Civil Action No. 2:17-CV-513-JRG
`(Lead Case)
`
`Civil Action No. 2:17-CV-514-JRG
`Civil Action No. 2:17-CV-515-JRG
`Civil Action No. 2:17-CV-516-JRG
`Civil Action No. 2:17-CV-517-JRG
`
`JOINT MOTION TO CONTINUE EVIDENTIARY HEARING ON LG ELECTRONICS
`INC.’S MOTION TO DISMISS FOR LACK OF JURISDICTION
`
`Plaintiff AGIS Software Development LLC (“AGIS”) and Defendant LG Electronics Inc.
`
`(“LGEKR”) hereby file this Joint Motion to Continue this Court’s evidentiary hearing on
`
`LGEKR’s Motion to Dismiss for Lack of Jurisdiction which is set for July 6, 2018, at 9:00 A.M
`
`(Dkt. 144). The parties respectfully request that the hearing originally set for July 6, 2018 be
`
`reset at the Court’s convenience during the week of August 13, 2018 or at such other date
`
`thereafter.
`
`
`
`Good cause supports the requested extension because it would provide sufficient time for
`
`the parties to complete discovery in an orderly fashion on the jurisdictional issues related to the
`
`hearing. Following the Court’s notice setting an evidentiary hearing on LGEKR’s motion, AGIS
`
`requested that LG provide documents relating to how LG’s subsidiaries take possession of the
`
`accused products and requested a deposition of LG’s declarant, JuSeong Ryu. AGIS also issued
`
`
`
`Case 2:17-cv-00513-JRG Document 150 Filed 06/22/18 Page 2 of 5 PageID #: 5592
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`document and deposition subpoenas on two third-party LG subsidiaries, LG Electronics
`
`MobileComm U.S.A. Inc. (“LGEMU”) and LG Electronics MobileResearch U.S.A. LLC
`
`(“LGEMR”) on June 8, 2018.
`
`LGEKR is in the process of collecting documents in response to AGIS’s request, and
`
`third parties LGEMU and LGEMR are cooperating in good faith to complete document
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`productions in response to AGIS’s discovery requests. Following review of the documents
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`produced, the parties will proceed diligently to complete the deposition of Mr. Ryu and a
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`deposition of LGEMU. Both parties have proceeded promptly, diligently and in good faith in
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`requesting and responding to discovery, but are unable to complete that discovery in an orderly
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`fashion under the current schedule.
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`In addition, counsel for AGIS is unavailable due to pre-existing trial commitments from
`
`mid-July to early August, and therefore has requested that the evidentiary hearing be reset for no
`
`earlier than the week of August 13, 2018.
`
`
`
`For the foregoing reasons, the parties respectfully submit that the Joint Motion to
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`Continue the Evidentiary Hearing on LGEKR’s Motion to Dismiss for Lack of Jurisdiction
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`should be granted.
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`
`
`
`Dated: June 22, 2018
`
`
`Respectfully submitted by:
`
`
`
`
`
`
`
`
`
`/s/ Mark Mann
`Mark Mann
`SBN: 12926150
`mark@themannfirm.com
`G. Blake Thompson
`SBN: 24042033
`blake@themannfirm.com
`MANN TINDEL THOMPSON
`
`2
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`
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`Case 2:17-cv-00513-JRG Document 150 Filed 06/22/18 Page 3 of 5 PageID #: 5593
`
`300 West Main Street
`Henderson, Texas 75652
`Tel: 903-657-8540
`
`
`Michael A. Berta
`Michael.berta@arnoldporter.com
`ARNOLD & PORTER
`KAYE SCHOLER LLP
`Three Embarcadero Center
`10th Floor
`San Francisco, CA 94111-4024
`Tel: 415-471-3277
`
`James S. Blackburn
`James.blackburn@arnoldporter.com
`Nicholas H. Lee
`Nicholas.lee@arnoldporter.com
`ARNOLD & PORTER
`KAYE SCHOLER LLP
`777 South Figueroa Street
`44th Floor
`Los Angeles, CA 90017-5844
`Tel: 213-243-4156
`
`ATTORNEYS FOR DEFENDANT
`LG ELECTRONICS INC.
`
`
`/s/ Alfred R. Fabricant
`Alfred R. Fabricant
`N.Y. Bar No. 2219392
`Email: afabricant@brownrudnick.com
`Peter Lambrianakos
`N.Y. Bar No. 2894392
`Email: plambrianakos@brownrudnick.com
`Vincent J. Rubino, III
`N.Y. Bar No. 4557435
`Email: vrubino@brownrudnick.com
`Alessandra C. Messing
`NY Bar No. 5040019
`Email: amessing@brownrudnick.com
`John A. Rubino
`NY Bar No. 5020797
`Email: jrubino@brownrudnick.com
`Enrique W. Iturralde
`
`
`
`
`
`
`
`3
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`
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`Case 2:17-cv-00513-JRG Document 150 Filed 06/22/18 Page 4 of 5 PageID #: 5594
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`
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`
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`NY Bar No. 5526280
`Email: eiturralde@brownrudnick.com
`Daniel J. Shea Jr
`NY Bar No. 5430558
`Email: dshea@brownrudnick.com
`BROWN RUDNICK LLP
`7 Times Square
`New York, NY 10036
`Telephone: 212-209-4800
`Facsimile: 212-209-4801
`
`Samuel F. Baxter
`Texas Bar No. 01938000
`Email: sbaxter@mckoolsmith.com
`Jennifer L. Truelove
`Texas State Bar No. 24012906
`Email: jtruelove@mckoolsmith.com
`
`MCKOOL SMITH, P.C.
`104 East Houston Street, Suite 300
`Marshall, Texas 75670
`Telephone: 903-923-9000
`Facsimile: 903-923-9099
`
`ATTORNEYS FOR PLAINTIFF
`AGIS SOFTWARE DEVELOPMENT LLC
`
`
`4
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`Case 2:17-cv-00513-JRG Document 150 Filed 06/22/18 Page 5 of 5 PageID #: 5595
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`
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`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that on June 22, 2018, a true and correct copy of the
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`foregoing was served to the parties’ counsel of record via ECF pursuant to Local Rule CV-5(d).
`
`/s/ Mark Mann
`
`CERTIFICATE OF CONFERENCE
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`The undersigned hereby certifies that counsel have complied with the meet and confer
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`
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`
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`requirement in Local Rule CV-7(h) and this Court’s Orders, and this motion is unopposed.
`
`/s/ Mark Mann
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`
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`
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