Free Motion to Quash - District Court of Delaware - Delaware

Case 1:06-mc-00012-SLR Document 1 Filed 01/23/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IP CO., LLC,
Plaint%
V. Misc. Civil Action No.
CELLNET TECHNOLOGY, INC, (N.D.Ga. Civil Action No. 1:05-CV-2658-CC)
Defendant.
THIRD—PARTY LANDIS + CYR Il\lC’=.’S NOTICE OF MOTION AND MOTION
TO QUASH SUBPOENA
TO THE COURT, THE PARTIES, AND COUNSEL OF RECORD:
PLEASE TAKE NOTICE that third-patty Landis + Gyr Inc. (“L+G") moves this
Court for an order quashing the subpoena dunes tecum issued on behalf of this Court by
Plaintiff IP CO., LLC ("lPCO") on January 13, 2006 to L+G on the grounds that the
subpoena is unduly burdensome and overiy broad.
L+G respectfully requests that the Court quash the subpoena in its entirety
because L+G’s principal place of business is in Indiana, not Delaware, and consequently
production in the manner called for by this subpoena would constitute an undue burden
on L+G. L+G further requests that the Court quash lPCO’s subpoena because: (i) its vast
overbreadth (in both subject matter and time period) would create an undue financial
burden for L+G; (ii) the subpoena calls for documents containing confidential, trade
secret, or other sensitive technical and business infomation and cannot be produced
unless and until the parties agree to a suitable protective order; and (iii) because a great
quantity of the material sought may be obtained from parties to the litigation, it is unduly
burdensome to seek the materials from L+G, a non»party.

Case 1 :06-mc-00012-SLR Document 1 Filed 01/23/2006 Page 2 of 3
This motion is based on this notice of motion and motion, the accompanying
rneinoranduin of points and authorities, the declarations of Ellie A. Doyle, of Randolph
H. Honchins, of Sean P. Hayes, the exhibits attached to Mr. Hayes’ declaration, the
complete files and record in this action, and upon such further and other evidence as may
be presented at the hearing on this motion.
Dated: January 23, 2006 FXSH & RICHARDSON P.C.

Byr ,.5 5
Wiliiain J. Marsden, Jr. (ID No. 2247)
Sean P. Hayes (ID No. 4413)
FISH & RICHARDSON P.C.
919 N. Market Street, Suite 1100
Wilmington, Delaware l9899·1 11.4
Ph: 302-652-5070
Fx: 302-652-0607
[email protected]
Hayes} fr.com
Attorneys for Third~1’arty
Landis+Gyr Inc.
Of counsel;
Nagendra Setty
Georgia Bar No. 636205
Daniel A. Kent
Georgia Bar No. 415110
Christopher O. Green
Georgia Bar No. 037617
Noah C. Graubart
Georgia Bar No. 141 862
FISH & RICHARDSON P.C.
1230 Peachtree Street NE.
i9th Floor
Atlanta, Georgia 30309
Ph: 404~892—5005
Fx: 404—892·5002
2

Case 1 :06-mc-00012-SLR Document 1 Filed 01/23/2006 Page 3 of 3
TN THE UNITED STATES DISTRTCT COURT
FOR THE DISTRICT OF DELAWARE
TP CO., LLC,
Plaintiff
V' Civil Action N0.
CELLNET TECHNOLOGIES, ENC.,
Defendant.
CERTIFICATE OF SERVICE
I, Sean P. Hayes, hereby certify that on this 23rd day of J anuary, 2006, a true and
correct copy of THIRD-PARTY LANDIS + GYR, INCFS NOTICE OF MOTION ANI)
MOTION TO QUASH SUBPOENA was caused to be served on the attorneys of record
at the following addresses as indicated:
VIA HAND DELIVERY
Gary W. Lipkin, Esq.
Duane Morris LLP
1100 North Market Street
Wilmington, DE 19801-1246
f ff,
fi ..//(
Byi r rf
can P. Hayes
21248644.eo:

Case 1:06-mc-00012-SLR Document 1-2 Filed O1/23/2006 Page 1 of 1
E\I THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IP CO., LLC,
Plaintiff;
V Misc. Civil Action No,
CELLNET TECHNOLOGY INC (N .D.Ga. Civil Action No. l:05—CV—2658—CC)
Defendant.
PROPOSED ORDER
IT IS HEREBY ORDERED that third—party Landis + Gyr Inc. ("L+G") Motion to
Quash the subpoena duces tecum issued on behalf of this Court by Plaintiff IP CO., LLC
(“IPCO") on January I3, 2006 to L~%··G is hereby Granted.
United States District Court Judge
21248644dac