`
`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.
`
`EMERSON ELECTRIC CO.’S NOTICE REGARDING DEADLINE FOR REPLY IN
`SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT
`
`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 reply brief to no later than January 24, 2014, and ten (10) days
`
`from the date that Plaintiff Invensys Systems, Inc. (“Invensys”) discloses the identity of a
`
`customer, which was discussed in its 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.)
`
`4832-8429-1352.
`
`
`
`Case 6:12-cv-00799-JRG Document 97 Filed 01/20/14 Page 2 of 4 PageID #: 2573
`
`Pursuant to the Court’s January 6 Order, Emerson hereby notifies the Court of the
`
`following:
`
`On January 14, 2014, at 5:51 p.m., counsel for Invensys provided the customer’s
`
`name to counsel for Emerson. (Declaration of Kadie M. Jelenchick (“Jelenchick Decl.”), Ex. 1.)
`
`This information was designated as “Outside Counsel Eyes Only.” (Id.)
`
`On January 15, 2014, counsel for Emerson wrote to counsel for Invensys
`
`outlining its objections to the “Outside Counsel Eyes Only” designation. (Id. at Ex. 2.) Not only
`
`is there no such designation under the Protective Order in this case, (see Dkt. No. 66), but it
`
`precludes counsel from sharing the information with the relevant personnel. As a result,
`
`Emerson cannot investigate or prepare the necessary declarations to rebut Invensys’s allegations.
`
`In response to these objections, the very next day, on January 16, 2014, counsel
`
`for Invensys re-designated the customer’s identity to “Confidential” without providing any
`
`justification as to why the identity of an alleged Emerson customer is confidential as to Emerson
`
`or to Defendant Micro Motion, Inc. (“Micro Motion”), who was also allegedly involved in the
`
`demonstration. (Id. at Ex. 3.)
`
`Invensys’s disclosure of the customer identity with its confidentiality restrictions
`
`has unfairly prevented Emerson and Micro Motion from having access to the relevant
`
`information so to rebut Invensys’s arguments against summary judgment. Emerson and Micro
`
`Motion intend to move the Court for an order compelling Invensys to de-designate the
`
`customer’s identity vis-à-vis Emerson and Micro Motion, or in the alternative, for an order
`
`striking Invensys’s summary judgment response briefing relating to this customer and the
`
`circumstances surrounding the same. In addition, Emerson intends to move for an order
`
`adjourning its January 24, 2014 deadline to file its reply brief.
`
`2
`
`
`
`Case 6:12-cv-00799-JRG Document 97 Filed 01/20/14 Page 3 of 4 PageID #: 2574
`
`Dated: January 20, 2014
`
`Respectfully submitted,
`
`Guy N. Harrison, State Bar No. 00000077
`Guy Harrison Law Offices
`217 N. Center Street
`Longview, Texas 75601
`Phone: (903) 758-7361
`Fax: (903) 753-9557
`Email: guy@gnhlaw.com
`
`/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, Wisconsin 53202
`Phone: (414) 271-2400
`Fax: (414) 297-4900
`Email: lhansen@foley.com
`rflorsheim@foley.com
`jcostakos@foley.com
`kjelenchick@foley.com
`mshin@foley.com
`
`Attorneys for Defendant Emerson Electric
`Co.
`
`3
`
`
`
`Case 6:12-cv-00799-JRG Document 97 Filed 01/20/14 Page 4 of 4 PageID #: 2575
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on January 20, 2014, I electronically filed the foregoing
`
`document with the Clerk of Court using the CM/ECF system which will send notification of such
`
`filing via electronic mail to all counsel of record.
`
`/s/ Kadie M. Jelenchick
`Kadie M. Jelenchick
`
`4
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