`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`MAXELL, LTD.,
`
`
`
`v.
`
`APPLE INC.,
`
`Plaintiff,
`
`Defendant.
`
`Case No. 5:19-cv-0036-RWS
`
`
`JURY TRIAL DEMANDED
`
`
`
`MAXELL, LTD.’S MOTION FOR EXPEDITED BRIEFING ON ITS
`MOTION FOR SANCTIONS
`
`
`Pursuant to Local Rule CV-7(e), Plaintiff Maxell, Ltd. (“Maxell”) respectfully requests
`
`
`
`an expedited briefing schedule with respect to its Motion for Sanctions (the “Motion”), which
`
`was filed with the Court on March 5, 2020. Maxell requests that any opposition brief be due on
`
`March 13, 2020, with no additional briefing from the parties. Although Maxell is willing to
`
`waive reply briefing on the Motion given the urgency of the issues and sanctions requested
`
`therein, Maxell believes that a hearing should be held to address the Motion.
`
`
`
`Maxell believes expedited briefing is appropriate in view of the impact that the Motion
`
`has on the upcoming April 7 deadline for opening expert reports. More specifically, many of the
`
`sanctions requested in Maxell’s motion relate to Apple’s ability to oppose claims that may be
`
`made by Maxell’s experts relating to, for example, the operation of accused functionalities
`
`and/or the use of representative products. Quickly obtaining the requested sanctions will aid
`
`Maxell’s experts in the preparation of their reports. On the other hand, if briefing on Maxell’s
`
`Motion were not to be expedited, it is unlikely that the Court would be able to render an Order on
`
`the Motion in time for Maxell to fully utilize any relief granted in response thereto.
`
`
`
`
`
`Case 5:19-cv-00036-RWS Document 211 Filed 03/05/20 Page 2 of 4 PageID #: 8832
`
`
`
`
`Moreover, expedited briefing on the Motion will enable the parties to address both
`
`Maxell’s Motion to Compel and Motion for sanctions at a single hearing. Given the overlap of
`
`issues between the two motions, this is the most efficient result for both the parties and the
`
`Court.
`
`
`
`Accordingly, Maxell requests that the Court order the following expedited briefing
`
`schedule concerning Maxell’s Motion:
`
`Brief
`
`Defendant’s Response
`
`Maxell’s Reply
`
`Defendant’s Sur-Reply
`
`Due Date
`
`March 13, 2020
`
`None to be filed
`
`None to be filed
`
`
`
`
`Dated: March 5, 2020
`
`
`
`
`
`By:
`
`/s/ Jamie B. Beaber
`
`Geoff Culbertson
`Kelly Tidwell
`Patton, Tidwell & Culbertson, LLP
`2800 Texas Boulevard (75503)
`Post Office Box 5398
`Texarkana, TX 75505-5398
`Telephone: (903) 792-7080
`Facsimile: (903) 792-8233
`gpc@texarkanalaw.com
`kbt@texarkanalaw.com
`
`Jamie B. Beaber
`Alan M. Grimaldi
`Kfir B. Levy
`James A. Fussell, III
`Baldine B. Paul
`Tiffany A. Miller
`Saqib Siddiqui
`Bryan Nese
`William J. Barrow
`Alison T. Gelsleichter
`
`
`
`2
`
`
`
`Case 5:19-cv-00036-RWS Document 211 Filed 03/05/20 Page 3 of 4 PageID #: 8833
`
`
`Clark S. Bakewell
`MAYER BROWN LLP
`1999 K Street, NW
`Washington, DC 20006
`Telephone: (202) 263-3000
`Facsimile: (202) 263-3300
`jbeaber@mayerbrown.com
`agrimaldi@mayerbrown.com
`klevy@mayerbrown.com
`jfussell@mayerbrown.com
`bpaul@mayerbrown.com
`tmiller@mayerbrown.com
`ssiddiqui@mayerbrown.com
`bnese@mayerbrown.com
`wbarrow@mayerbrown.com
`agelsleichter@mayerbrown.com
`cbakewell@mayerbrown.com
`
`Robert G. Pluta
`Amanda S. Bonner
`MAYER BROWN LLP
`71 S. Wacker Drive
`Chicago, IL 60606
`(312) 782-0600
`rpluta@mayerbrown.com
`asbonner@mayerbrown.com
`
`Counsel for Plaintiff Maxell, Ltd.
`
`
`
`3
`
`
`
`Case 5:19-cv-00036-RWS Document 211 Filed 03/05/20 Page 4 of 4 PageID #: 8834
`
`
`CERTIFICATE OF CONFERENCE
`
`I hereby certify that Plaintiff Maxell, Ltd. has complied with the requirements of Local
`Rule CV-7(h) governing this case. Specifically, the parties held a telephonic meet and confer on
`March 3, 2020, attended by lead and local counsel for the parties. Apple indicated that it would
`not agree to expedited briefing in connection with Maxell’s Motion for Sanctions.
`
`
`
`/s/ Jamie B. Beaber
`Jamie B. Beaber
`
`
`
`
`
`/s/ Geoff Culbertson
`Geoff Culbertson
`
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that all counsel of record who are deemed to have consented to
`electronic service are being served this 5th day of March, 2020, with a copy of this document via
`the Court’s CM/ECF system per Local Rule CV-5(a)(3).
`
`
`/s/ Jamie B. Beaber
`Jamie B. Beaber
`
`
`
`
`
`
`
`
`
`
`
`
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
