`
`C.A. No. 6:12-cv-799-LED
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`JURY TRIAL DEMANDED
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`§
`INVENSYS SYSTEMS, INC.,
`§
`
`
`§
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`Plaintiff,
`§
`v.
`
`§
`
`
`§
`EMERSON ELECTRIC CO. and
`§
`MICRO MOTION INC., USA,
`§
`
`
`§
`
`Defendants.
`§
`and
`
`§
`
`
`§
`MICRO MOTION INC., USA,
`§
`
`
`§
`
`Counterclaim-Plaintiff,
`§
`v.
`
`§
`
`
`§
`INVENSYS SYSTEMS, INC.,
`§
`
`
`
`Counterclaim-Defendant. §
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`INVENSYS SYSTEMS, INC.’S NOTICE OF NO AGREEMENT ON EMAIL
`PRODUCTION
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`
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`
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`
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`Case 6:12-cv-00799-JRG Document 204 Filed 08/06/14 Page 2 of 3 PageID #: 5915
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`
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`Plaintiff Invensys Systems, Inc. (“Invensys”) wishes to notify the Court that the parties
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`have not reached an agreement on the production of emails by Defendants Emerson Electric Co.
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`and Micro Motion, Inc. (collectively “Defendants”). In fact, contrary to Defendants’
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`representations in their Sur-reply to Invensys’s Motion to Compel and for Sanctions, at 5, ECF
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`No. 201, the parties are not engaged in negotiations on this issue. Although the parties have
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`exchanged information identifying the number of “hits” generated by each other’s search terms,
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`counsel for Defendants have stated that Defendants will not be producing any emails until the
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`Court rules on their argument that Invensys’s search terms are overly broad. Thus, the Court will
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`need to resolve this dispute.
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`Dated: August 7, 2014
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`
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`
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`Respectfully submitted,
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`
`
`
`
`
`
`
`
`/s/ Claudia Wilson Frost
`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
`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
`Nick.Papastavros@dlapiper.com
`Daniel.Rosenfeld@dlapiper.com
`
`Todd S. Patterson
`
`1
`
`
`
`Case 6:12-cv-00799-JRG Document 204 Filed 08/06/14 Page 3 of 3 PageID #: 5916
`
`DLA PIPER LLP
`401 Congress Ave., Suite 2500
`Austin, TX 78701-3799
`Telephone: 512.457.7017
`Facsimile: 512.721.2217
`todd.patterson@dlapiper.com
`
`ATTORNEYS FOR PLAINTIFF
`INVENSYS SYSTEMS, INC.
`
`CERTIFICATE OF SERVICE
`
`
`
`The undersigned certifies that on August 7, 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). Any other counsel of record will be served
`by facsimile transmission and/or first class mail.
`
`/s/ Claudia Wilson Frost
`Claudia Wilson Frost
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`2
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