Case 6:14-cv-00982-KNM Document 103 Filed 08/03/15 Page 1 of 5 PageID #: 652
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`CIVIL ACTION NO. 6:14-cv-982-JRG
`LEAD CASE
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`CELLULAR COMMUNICATIONS
`EQUIPMENT LLC,
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` Plaintiff,
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`v.
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`LG ELECTRONICS, INC., ET AL.,
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` Defendants.
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`SONY MOBILE COMMUNICATIONS (USA) INC.’S UNOPPOSED
`MOTION TO AMEND THE DOCKET CONTROL ORDER
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`CIVIL ACTION NO. 6:14-cv-982-JRG
`LEAD CASE
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`CELLULAR COMMUNICATIONS
`EQUIPMENT LLC,
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` Plaintiff,
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`v.
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`LG ELECTRONICS, INC., ET AL.,
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` Defendants.
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`SONY MOBILE COMMUNICATIONS (USA) INC.’S UNOPPOSED
`MOTION TO AMEND THE DOCKET CONTROL ORDER
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`Case 6:14-cv-00982-KNM Document 103 Filed 08/03/15 Page 2 of 5 PageID #: 653
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`I.
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`INTRODUCTION
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`Defendant Sony Mobile Communications (USA) Inc. (“Sony Mobile”) files this
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`unopposed motion to amend the Court’s June 15, 2015 Docket Control Order (D.I. 74) to
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`reschedule the June 13, 2016 pretrial conference in light of a conflicting Jewish religious holiday
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`observed by Sony Mobile’s lead counsel, Michael N. Rader.
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`After consulting with all parties regarding their availability, Sony Mobile respectfully
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`requests that the Court reschedule the pretrial conference for any date between June 21, 2016 and
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`June 24, 2016 that is convenient for the Court. Plaintiff Cellular Communications Equipment
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`LLC (“CCE”) does not oppose this motion, nor do any of the other consolidated defendants,
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`namely Kyocera Communications, Inc., Cellco Partnership d/b/a Verizon Wireless, LG
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`Electronics, Inc. and LG Electronics U.S.A, Inc., T-Mobile USA, Inc. and T-Mobile US, Inc.,
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`AT&T Mobility LLC and Sprint Solutions, Inc., Sprint Spectrum L.P., and Boost Mobile, LLC.
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`As discussed more fully below and in the August 3, 2015 Declaration of Attorney
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`Michael N. Rader (“Rader Decl.”), good cause exists for Sony Mobile’s requested amendment to
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`the Docket Control Order.
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`II.
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`RELEVANT PROCEDURAL BACKGROUND
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`On June 12, 2015, the parties filed their Motion for Adoption and Entry of a Proposed
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`Docket Control Order, setting forth a proposed schedule that complied with the Court’s sample
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`docket control order and the suggested docket control order provided to the parties at the May
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`29, 2015 Scheduling Conference. (D.I. 72, 74). Prior to filing that motion, counsel for Sony
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`Mobile informed the parties that June 13, 2016, the scheduled date for the pretrial conference,
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`fell on a Jewish holiday observed by Sony Mobile’s lead counsel, and that as a result Sony
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`Mobile would need to move the Court to amend the Docket Control Order. (Rader Decl. ¶ 5).
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`Case 6:14-cv-00982-KNM Document 103 Filed 08/03/15 Page 3 of 5 PageID #: 654
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`As of the June 12, 2015 filing of the Proposed Docket Control Order, Sony Mobile was
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`still in the process of consulting with all parties concerning its proposed motion to amend and
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`determining a list of alternate dates when counsel for all parties would be available for the
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`pretrial conference. After several weeks of subsequent correspondence, Sony Mobile secured
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`statements of non-opposition from all parties with respect to this motion. (Rader Decl. ¶¶ 6-7).
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`Accordingly, Sony Mobile hereby respectfully requests that this Court reschedule the
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`June 13, 2016 pretrial conference to any date on or between June 21, 2016 and June 24, 2016
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`that is convenient for the Court’s schedule. If none of these dates are convenient for the Court,
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`Sony Mobile’s counsel is available to consult with the Court’s clerk and with counsel for all
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`parties to determine a date that works for the Court and for all parties.
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`III. GOOD CAUSE EXISTS FOR SONY MOBILE’S REQUEST
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`Good cause exists for Sony Mobile’s motion. As explained in Attorney Rader’s
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`declaration, the Jewish calendar includes both solar and lunar elements, and thus Jewish holidays
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`fall out on different dates in the Gregorian calendar from one year to the next. In 2016, the
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`Jewish holiday of Shavuot falls on June 12-13. The Shavuot holiday is a major holiday on the
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`Jewish calendar, on which Jewish law prohibits work and travel. (Rader Decl. ¶¶ 3-4).
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`As lead counsel for Sony Mobile, it is crucial that Mr. Rader attend the pretrial
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`conference. Mr. Rader’s immovable religious conflict establishes good cause for rescheduling
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`the pretrial conference.
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`As noted above, the motion is unopposed. Counsel for Plaintiff CCE and all of the
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`consolidated defendants have confirmed that any date on or between June 21, 2016 and June 24,
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`2016 would be acceptable as an alternative pretrial conference date. (Rader Decl. ¶ 8).
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`Case 6:14-cv-00982-KNM Document 103 Filed 08/03/15 Page 4 of 5 PageID #: 655
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`Accordingly, Sony Mobile respectfully requests that the Court amend the Docket Control
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`Order (D.I. 74) and reschedule the June 13, 2015 pretrial conference in this case to any day
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`falling on or between June 21, 2016 and June 24, 2016. A proposed order is attached. If none
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`of the aforementioned dates are convenient for the Court, Sony Mobile’s counsel is available to
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`consult with the Court’s clerk and with counsel for all parties to determine a date that works for
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`the Court and all parties.
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`Dated: August 3, 2015
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`Respectfully submitted by,
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`/s/ Michael N. Rader
`Michael N. Rader (admitted pro hac vice)
`Charles T. Steenburg (admitted pro hac vice)
`Chelsea A. Loughran (admitted pro hac vice)
`W. Brett Morrison (admitted pro hac vice)
`WOLF, GREENFIELD & SACKS, P.C.
`600 Atlantic Avenue
`Boston, MA 02210
`Tel: (617) 646-8000
`Fax: (617) 646-8646
`mrader@wolfgreenfield.com
`csteenburg@wolfgreenfield.com
`chelsea.loughran@wolfgreenfield.com
`w.brett.morrison@wolfgreenfield.com
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`Richard L. Wynne
`Texas State Bar No. 24003214
`THOMPSON & KNIGHT LLP
`One Arts Plaza
`1722 Routh St., Suite 1500
`Dallas, TX 75201
`Telephone: 214.969.1386
`Fax: 214.880.3267
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`COUNSEL FOR DEFENDANT SONY MOBILE
`COMMUNICATIONS (USA) INC.
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`Case 6:14-cv-00982-KNM Document 103 Filed 08/03/15 Page 5 of 5 PageID #: 656
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and correct copy of the foregoing document was filed
`electronically in compliance with Local Rule CV-5 on this August 3, 2015. As of this date all
`counsel of record have consented to electronic service and are being served with a copy of this
`document through the Court’s CM/ECF system under Local Rule CV-5(a)(3)(A).
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`/s/ Chelsea A. Loughran
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`Chelsea A. Loughran
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