`
`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.
`
`UNOPPOSED MOTION FOR EXTENSION OF REPLY DEADLINE
`FOR SUMMARY JUDGMENT BRIEFING
`
`Defendant Emerson Electric Co. (“Emerson”) filed a Motion for Summary Judgment of
`
`Non-Infringement, (Dkt. No. 83), on November 5, 2013. Thereafter, on December 11, 2013,
`
`Plaintiff and Counterclaim-Defendant Invensys Systems, Inc. (“Invensys”) filed its Response to
`
`Emerson’s Motion. (Dkt. No. 92.) Emerson’s deadline to file a reply in support of its Motion is
`
`January 6, 2014.1 The parties have met and conferred and agree and stipulate, subject to the
`
`1 Invensys and Emerson respectfully requested, and the Court granted, an extension to the
`original briefing schedule. (See Dkt. Nos. 87-88.)
`
`
`
`Case 6:12-cv-00799-JRG Document 95 Filed 01/02/14 Page 2 of 4 PageID #: 2567
`
`Court’s approval, to extend the deadline for Emerson to file its reply brief to ten (10) days after
`
`Invensys provides certain information promised in its Response.
`
`More specifically, in Invensys’s Response, Invensys alleges that as a result of a sales
`
`demonstration in which both Invensys and Emerson were part, Emerson sold the accused
`
`products to an undisclosed customer.
`
`(Id. at 3-4, 11.) Because of a non-disclosure agreement,
`
`the identity of this customer was withheld as confidential.
`
`(Id. at 3, n.2.) However, Invensys
`
`states that it “will disclose the [customer’s] identity to Emerson at its request.” Emerson
`
`requested this information from Invensys, but it has not yet been provided.
`
`Invensys wants to ensure that it complies with any applicable non-disclosure agreement
`
`provisions before disclosing the identity of the referenced customer discussed in its response
`
`brief. In order to give Emerson sufficient time to investigate these allegations and fully brief the
`
`issue, Emerson respectfully requests that the Court extend Emerson’s deadline to file its reply in
`
`support of its Motion for Summary Judgment of Non-Infringement until ten (10) days after
`
`Invensys provides the requested information. Emerson will advise the Court once the disclosure
`
`has been made, setting the deadline for Emerson’s reply.
`
`The requested extension is sought in good faith and not solely for purposes of delay.
`
`- 2 -
`
`
`
`Case 6:12-cv-00799-JRG Document 95 Filed 01/02/14 Page 3 of 4 PageID #: 2568
`
`Dated: January 2, 2014
`
`Respectfully submitted,
`
`/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.
`
`- 3 -
`
`
`
`Case 6:12-cv-00799-JRG Document 95 Filed 01/02/14 Page 4 of 4 PageID #: 2569
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that on January 2, 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
`
`CERTIFICATE OF CONFERENCE
`
`Pursuant to Local Rule CV-7, I certify that on December 30, 2013, and January 2, 2014, I
`
`met and conferred with Claudia Frost, counsel for Invensys., and was informed that Plaintiff
`
`does not oppose the relief requested in this motion for extension.
`
`/s/ Kadie M. Jelenchick
`Kadie M. Jelenchick
`
`- 4 -
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