`
`
`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 PARTIALLY OPPOSED MOTION FOR LEAVE
`TO EXCEED PAGE LIMIT FOR ATTACHMENTS TO ITS REPLY IN SUPPORT OF
`MOTION TO COMPEL (D.I. 197)
`
`
`Plaintiff Maxell, Ltd. seeks leave to exceed the page limits for attachments for its Reply in
`
`support of its Opposed Motion to Compel (D.I. 197) (“Motion to Compel”) to eight pages.
`
`Although reply briefing is not permitted as a matter of course, Magistrate Judge Craven issued the
`
`following Order in connection with Maxell’s Motion to Compel:
`
`ORDERED that on or before March 26, 2020, Maxell shall file a reply to
`Apple’s response to Maxell’s motion to compel, clearly setting forth the
`documents still at issue. Apple shall file any surreply on or before March 31,
`2020. The parties are allowed fifteen pages for the reply and surreply briefing.
`The Court will rule on the motion to compel on the papers the week of April 6,
`2020, as previously indicated.
`
`D.I. 236 at 5. The Order did not state whether attachments to the reply and surreply were
`
`permissible.
`
`Over a month has passed since the filing of Maxell’s Motion to Compel. Since that time,
`
`Apple has made numerous productions, third party discovery has continued, depositions have
`
`taken place, and the parties have had ongoing communications regarding discovery issues. To aid
`
`in the Court’s understanding of Maxell’s discussion of such events in its Reply, Maxell believes—
`
`particularly in the absence of a hearing—that it would be beneficial for the Court to have access
`
`
`
`
`
`Case 5:19-cv-00036-RWS Document 243 Filed 03/26/20 Page 2 of 4 PageID #: 9476
`
`
`to excerpts of materials representative of such events (e.g., transcript excerpts, letter excerpts, and
`
`production excerpts).
`
`Apple partially opposes the motion. It states that it would not oppose three pages of
`
`exhibits, but at this time opposes more. Apple has further indicated that it may withdraw such
`
`objection once it has had the opportunity to review the exhibits.
`
`
`
`Dated: March 26, 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
`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
`
`
`
`2
`
`
`
`Case 5:19-cv-00036-RWS Document 243 Filed 03/26/20 Page 3 of 4 PageID #: 9477
`
`
`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 243 Filed 03/26/20 Page 4 of 4 PageID #: 9478
`
`
`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, local counsel for the parties discussed this request
`on March 26, 2020. Maxell proposed that the parties agree that each be given ten pages of
`attachments for their respective reply and surreply. Counsel for Apple indicated that it would not
`oppose three pages of attachments, but would oppose ten until it had the opportunity to view the
`exhibits. Maxell ultimately did not require the full ten pages.
`
`
`
`/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 26th 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
`
`
`
`
`
`
`
`
`
`
`
`
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