`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`Case No. 6:12-cv-00799-LED
`
`INVENSYS SYSTEMS, INC.,
`
`Plaintiff,
`
`vs.
`
`EMERSON ELECTRIC CO. and
`MICRO MOTION INC., USA,
`
`Defendants,
`
`and
`
`MICRO MOTION INC., USA,
`
`Counterclaim-Plaintiff,
`
`vs.
`
`INVENSYS SYSTEMS, INC.,
`
`Counterclaim-Defendant.
`
`JOINT MOTION FOR EXTENSION OF REPLY DEADLINE
`FOR SUMMARY JUDGMENT BRIEFING
`
`On January 6, 2014, the Court granted Defendant Emerson Electric Co.’s
`
`(“Emerson”) Unopposed Motion for Extension of Reply Deadline for Summary Judgment
`
`Briefing, finding good cause for the requested extension. (Dkt. No. 96.) The Court extended
`
`Emerson’s deadline to file its summary judgment reply brief to no later than January 24, 2014,
`
`and ten (10) days from the date that Plaintiff Invensys Systems, Inc. (“Invensys”) disclosed the
`
`identity of a customer, which was discussed in Invensys’s Response to Emerson’s Motion for
`
`Summary Judgment and promised to be provided. (Id.) Following Invensys’s disclosure,
`
`Emerson was ordered to file a notice with the proposed deadline for its reply. (Id.)
`
`4840-9163-5480.
`
`
`
`Case 6:12-cv-00799-JRG Document 102 Filed 01/22/14 Page 2 of 6 PageID #: 2610
`
`On January 20, 2014, Emerson filed said notice, indicating a disputed
`
`confidentiality designation issue regarding Invensys’s disclosure. (Dkt. No. 97.) Counsel for the
`
`parties met and conferred via telephone on January 21, 2014. As a result of this meet-and-
`
`confer, the parties resolved the dispute. Invensys agreed to a ten (10) day extension of time for
`
`Emerson to file its summary judgment reply brief to account for the time it took to resolve the
`
`dispute. The proposed new deadline, as agreed to by the parties, and pending the Court’s
`
`approval, would be January 31, 2014.
`
`The requested extension is sought in good faith and not solely for purposes of
`
`delay. This extension does not impact any other dates in the governing Docket Control Order.
`
`- 2 -
`
`
`
`Case 6:12-cv-00799-JRG Document 102 Filed 01/22/14 Page 3 of 6 PageID #: 2611
`
`Dated: January 22, 2014
`
`Respectfully submitted,
`
`/s/ Jeffrey L. Johnson
`Claudia Wilson Frost
`State Bar No. 21671300
`Jeffrey L. Johnson
`State Bar No. 24029638
`Dawn M. Jenkins
`State Bar No. 24074484
`DLA PIPER LLP
`1000 Louisiana, Suite 2800
`Houston, TX 77002
`Telephone: 713.425.8400
`Facsimile: 713.425.8401
`Email: Claudia.Frost@dlapiper.com
`Jeffrey.Johnson@dlapiper.com
`Dawn.Jenkins@dlapiper.com
`
`Nicholas G. Papastavros
`Daniel Rosenfeld
`DLA PIPER LLP
`33 Arch Street, 26th Floor
`Boston, MA 02110
`Telephone: 617.406.6000
`Facsimile: 617.406.6100
`Email: Nick.Papastavros@dlapiper.com
`Daniel.Rosenfeld@dlapiper.com
`
`Todd S. Patterson
`DLA PIPER LLP
`401 Congress Ave., Suite 2500
`Austin, TX 78701-3799
`Telephone: 512.457.7017
`Facsimile: 512.721.2217
`Email: todd.patterson@dlapiper.com
`
`ATTORNEYS FOR INVENSYS SYSTEMS,
`INC.
`
`- 3 -
`
`
`
`Case 6:12-cv-00799-JRG Document 102 Filed 01/22/14 Page 4 of 6 PageID #: 2612
`
`/s/ Kadie M. Jelenchick
`Linda E.B. Hansen, WI Bar No. 1000660
`Richard S. Florsheim, WI Bar No. 1015905
`Jeffrey N. Costakos, WI Bar No. 1008225
`Kadie M. Jelenchick, WI Bar No. 1056506
`Matthew J. Shin, WI Bar No. 1090096
`Foley & Lardner LLP
`777 East Wisconsin Avenue
`Milwaukee, WI 53202
`Telephone: 414.271.2400
`Facsimile: 414.297.4900
`Email: lhansen@foley.com
`rflorsheim@foley.com
`jcostakos@foley.com
`kjelenchick@foley.com
`mshin@foley.com
`
`Guy N. Harrison, State Bar No. 00000077
`Guy Harrison Law Offices
`217 N. Center Street
`Longview, TX 75601
`Telephone: 903.758.7361
`Facsimile: 903.753.9557
`Email: guy@gnhlaw.com
`
`ATTORNEYS FOR EMERSON ELECTRIC
`CO.
`
`- 4 -
`
`
`
`Case 6:12-cv-00799-JRG Document 102 Filed 01/22/14 Page 5 of 6 PageID #: 2613
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that on January 22, 2014, all counsel of record who are deemed
`
`to have consented to electronic service are being served with a copy of this document via the
`
`Court’s CM/ECF system per Local Rule CV-5(a)(3).
`
`/s/ Kadie M. Jelenchick
`Kadie M. Jelenchick
`
`- 5 -
`
`
`
`Case 6:12-cv-00799-JRG Document 102 Filed 01/22/14 Page 6 of 6 PageID #: 2614
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`Case No. 6:12-cv-00799-LED
`
`INVENSYS SYSTEMS, INC.,
`
`Plaintiff,
`
`vs.
`
`EMERSON ELECTRIC CO. and
`MICRO MOTION INC., USA,
`
`Defendants,
`
`and
`
`MICRO MOTION INC., USA,
`
`Counterclaim-Plaintiff,
`
`vs.
`
`INVENSYS SYSTEMS, INC.,
`
`Counterclaim-Defendant.
`
`ORDER GRANTING JOINT MOTION FOR EXTENSION OF REPLY DEADLINE
`FOR SUMMARY JUDGMENT BRIEFING
`
`The Court, having considered the Joint Motion for Extension of Reply Deadline
`
`for Summary Judgment Briefing (Dkt. No. 102), finds good cause exists for the requested
`
`extension, and hereby GRANTS the motion.
`
`The deadline for Emerson Electric Co. to file its reply in support of its Motion for
`
`Summary Judgment of Non-Infringement is continued to January 31, 2014.
`
`- 6 -
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