`
` IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`AGIS SOFTWARE DEVELOPMENT LLC,
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`
`APPLE, INC.,
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`Defendant.
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`
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`UNOPPOSED MOTION FOR LEAVE TO TAKE
`DEPOSITION AFTER THE DEADLINE FOR FACT DISCOVERY
`
`Defendant Apple Inc. (“Apple”) respectfully move the Court for leave to take the
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`deposition of James Fordyce after the deadline to complete fact discovery. The parties have
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`worked diligently to schedule multiple depositions prior to the close of fact discovery on October
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`26, 2018 (Dkt. No. 193), but were unable to schedule Mr. Fordyce’s deposition during that time.
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`Counsel for Plaintiff AGIS Software Development LLC (“AGIS”), who also represents Mr.
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`Fordyce in connection with Apple’s subpoena served on September 25, 2018, has informed Apple
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`that Mr. Fordyce is not available any earlier than November 7, 2018. Apple therefore respectfully
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`seeks leave to take Mr. Fordyce’s deposition on November 7, 2018. The parties do not request a
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`general extension of the fact discovery deadline, but rather request that Mr. Fordyce’s deposition
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`be permitted after the close of fact discovery. All other deadlines remain in effect.
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`
`
`
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`§§§§§§§§§
`
`Civil Action No. 2:17-CV-513-JRG
`(LEAD CASE)
`
`Civil Action No. 2:17-CV-516-JRG
`(Consolidated Case)
`
`§§§§
`
`Plaintiff,
`
`
`v.
`
`HUAWEI DEVICE USA INC., et al.,
`
`
`Defendants.
`
`
`
`
`Case 2:17-cv-00513-JRG Document 216 Filed 10/26/18 Page 2 of 3 PageID #: 11590
`
`
`
`Dated: October 26, 2018
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted:
`
`
`/s/ Melissa R. Smith
`Melissa Richards Smith
`State Bar No. 24001351
`GILLAM & SMITH, LLP
`303 South Washington Ave.
`Marshall, TX 75670
`Tel: (903) 934-8450
`Fax: (903) 934-9257
`melissa@gillamsmithlaw.com
`
`John M. Desmarais
`Michael P. Stadnick
`Ameet A. Modi
`Cosmin Maier
`Kerri-Ann Limbeek
`Brian Matty
`Kathryn Bi
`Francesco Silletta
`DESMARAIS LLP
`230 Park Avenue
`New York, NY 10169
`Telephone: (212) 351-3400
`Facsimile: (212) 351-3401
`Email: jdesmarais@desmaraisllp.com
`Email: mstadnick@desmaraisllp.com
`Email: amodi@desmaraisllp.com
`Email: cmaier@desmaraisllp.com
`Email: klimbeek@desmaraisllp.com
`Email: bmatty@desmaraisllp.com
`Email: kbi@desmaraisllp.com
`Email: fsilletta@desmaraisllp.com
`
`ATTORNEYS FOR DEFENDANT
`APPLE INC.
`
`
`
`
`
`
`2
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`
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`Case 2:17-cv-00513-JRG Document 216 Filed 10/26/18 Page 3 of 3 PageID #: 11591
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`
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`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that counsel of record who are deemed to have consented
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`to electronic services are being served with a copy of this document via the Court’s CM/ECF
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`system per Local Rule CV-5(a)(3) on this the 26th day of October, 2018.
`
`
`
` /s/ Melissa R. Smith
`Melissa R. Smith
`
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`
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`3
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