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`IN THE UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`ALMONDNET, INC.,
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`Plaintiff,
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`v.
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`AMAZON.COM, INC., AMAZON.COM
`SERVICES LLC, and AMAZON WEB
`SERVICES, INC.,
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`Defendants.
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`
`
`Civil Action No. 6:21-cv-00898-ADA
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`
`JURY TRIAL DEMANDED
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`
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`AMAZON’S UNOPPOSED MOTION FOR LEAVE TO FILE SUR-REPLY IN
`OPPOSITION TO ALMONDNET’S MOTION TO ENTER FINAL JUDGMENT
`
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`Defendants Amazon.com, Inc., Amazon.com Services LLC, and Amazon Web Services,
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`Inc. (“Amazon”) respectfully move for leave to file a sur-reply in opposition to the opposed Motion
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`to Enter Final Judgment (the “Motion”) filed by plaintiff AlmondNet, Inc. Amazon’s proposed
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`sur-reply is attached hereto as Exhibit A.
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`Good cause exists for Amazon’s request for leave. Amazon filed its opposition to the
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`Motion on August 6, 2024. (Dkt. 301.) In its August 20, 2024 reply to its motion (Dkt. 306),
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`AlmondNet cites, relies on, and attaches as an exhibit a Memorandum re Prejudgment Interest
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`from MR Techs., GMBH v. Western Digital Techs., Inc., No. 8:22-cv-1599-JVS (C.D. Cal., Aug.
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`14, 2024). Because that decision issued after Amazon filed its opposition to the Motion, Amazon
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`had no prior opportunity to address it. Amazon respectfully submits that the Court would benefit
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`from reviewing both parties’ contentions on this case and this issue. AlmondNet would suffer no
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`conceivable prejudice from the proposed sur-reply. Prior to the filing of this motion, Amazon
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`Case 6:21-cv-00898-ADA Document 307 Filed 08/26/24 Page 2 of 6
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`conferred with AlmondNet on August 26, 2024. AlmondNet confirmed that it does not oppose.
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`For the foregoing reasons, Amazon respectfully requests that the Court grant Amazon’s
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`motion for leave to file a sur-reply.
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`2
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`Case 6:21-cv-00898-ADA Document 307 Filed 08/26/24 Page 3 of 6
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`Dated: August 26, 2024
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`
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`Of Counsel:
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`Deron R. Dacus (TX Bar #00790553)
`ddacus@dacusfirm.com
`THE DACUS FIRM, P.C.
`821 ESE Loop 323, Suite 430
`Tyler, TX 75701
`Tel: (903) 705-1117
`Fax: (903) 581-2543
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`
`Respectfully submitted,
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`
`
`By: /s/ Eric B. Young
`J. David Hadden (CA Bar No. 176148)
`Email: dhadden@fenwick.com
`Saina S. Shamilov (CA Bar No. 215636)
`Email: sshamilov@fenwick.com
`Ravi R. Ranganath (CA Bar No. 272981)
`Email: rranganath@fenwick.com
`Johnson K. Kuncheria (TX Bar No. 24070092)
`Email: jkuncheria@fenwick.com
`Johnathan L. Chai (CA Bar No. 339315)
`Email: jchai@fenwick.com
`FENWICK & WEST LLP
`801 California Street
`Mountain View, CA 94041
`Tel: (650) 988-8500
`Fax: (650) 938-5200
`
`Todd R. Gregorian (CA Bar No. 236096)
`Email: tgregorian@fenwick.com
`Eric B. Young, (CA Bar No. 318754)
`Email: eyoung@fenwick.com
`Dargaye Churnet (Admitted Pro Hac Vice)
`Email: dchurnet@fenwick.com
`Christopher L. Larson (CA Bar No. 308247)
`Email: clarson@fenwick.com
`Brian M. Hoffman (Admitted Pro Hac Vice)
`Email: bhoffman@fenwick.com
`FENWICK & WEST LLP
`555 California Street, 12th Floor
`San Francisco, CA 94104
`Tel: (415) 875-2300
`
`Jeffrey A. Ware (WA Bar No. 43779)
`Email: jware@fenwick.com
`FENWICK & WEST LLP
`401 Union Street, 5th Floor
`Seattle, WA 98101
`Tel: (206) 389-4510
`
`James S. Trainor (Admitted Pro Hac Vice)
`Email: jtrainor@fenwick.com
`Kevin X. McGann (Admitted Pro Hac Vice)
`Email: kmcgann@fenwick.com
`Jessica Lin (NY Bar No. 5035860)
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`3
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`Case 6:21-cv-00898-ADA Document 307 Filed 08/26/24 Page 4 of 6
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`Email: jessica.lin@fenwick.com
`FENWICK & WEST LLP
`902 Broadway, 18th Floor
`New York, NY 10010
`Tel: (212) 921-2001
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`Counsel for Defendants
`AMAZON.COM, INC., AMAZON.COM SERVICES
`LLC, and AMAZON WEB SERVICES, INC.
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`Case 6:21-cv-00898-ADA Document 307 Filed 08/26/24 Page 5 of 6
`Case 6:21-cv-00898-ADA Document307 Filed 08/26/24 Page 5 of 6
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`EXHIBIT A
`EXHIBIT A
`FILED UNDER SEAL
`FILED UNDER SEAL
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`Case 6:21-cv-00898-ADA Document 307 Filed 08/26/24 Page 6 of 6
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`CERTIFICATE OF SERVICE
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`I hereby certify that all counsel of record who are deemed to have consented to electronic
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`service are being served with a true and correct copy of this document on August 26, 2024, via
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`the Court’s CM/ECF system per Local Rule CV 5. Additionally, the attachment to this document
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`was served by email on all counsel of record.
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`/s/ Eric B. Young
`Eric B. Young
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`5
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