Free Motion for Miscellaneous Relief - District Court of California - California

Case 3:07-cv-02277-BTM-RBB

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Filed 06/26/2008

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MELODY A. KRAMER, SBN 169984 KRAMER LAW OFFICE, INC. 9930 Mesa Rim Road, Suite 1600 San Diego, California 92121 Telephone (858) 362-3150 J. MICHAEL KALER, SBN 158296 KALER LAW OFFICES 9930 Mesa Rim Road, Suite 200 San Diego, California 92121 Telephone (858) 362-3151 Attorneys for Plaintiff JENS ERIK SORENSEN, as Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) Plaintiff, ) v. ) ) ESSEPLAST (USA) NC, INC., a Delaware corporation, and DOES 1-100, ) ) ) Defendants. ) _________________________________ ) and related counterclaims. ) ) JENS ERIK SORENSEN, as Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST, // // Case No. 07cv02277 BTM CAB NOTICE OF MOTION AND MOTION FOR EXCEPTION TO STAY TO PRESERVE EVIDENCE
Date: August 8, 2008 Time: 11:00 a.m. Courtroom 15 ­ 5th Floor The Hon. Barry T. Moskowitz Oral Argument Has Been Respectfully Requested by Plaintiff

Case 3:07-cv-02277-BTM-RBB

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TO ALL PARTIES AND THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE that on August 8, 2008, at 11:00 a.m. or as soon thereafter as this matter may be heard before the Honorable Barry T. Moskowitz, Plaintiff Jens Erik Sorensen, as Trustee of Sorensen Research & Development Trust, will move and hereby does move this Court for an order granting Plaintiff's Motion for Exception to Stay to Preserve Evidence. This motion is made on the following grounds: 1. Plaintiff believes the preservation of evidence is necessary and that

delay until completion of the `184 patent reexamination creates the risk of loss of evidence; 2. Defendants are unwilling to informally agree to the relief requested.

RESPECTFULLY SUBMITTED this Thursday, June 26, 2008. JENS ERIK SORENSEN, as Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST, Plaintiff /s/ Melody A. Kramer Melody A. Kramer, Esq. J. Michael Kaler, Esq. Attorneys for Plaintiff

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Case No. 07cv02277 BTM CAB

Case 3:07-cv-02277-BTM-RBB

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Alan A. Limbach DLA Piper USA LLC 2000 University Avenue East Palo Alto, CA 94303-2214 [email protected] Gregory J. Lundell DLA Piper USA LLC 2000 University Avenue East Palo Alto, CA 94303-2214 [email protected] Elizabeth Day DLA Piper USA LLC 2000 University Avenue East Palo Alto, CA 94303-2214 [email protected] Vincent S Lam DLA Piper USA LLC 2000 University Avenue East Palo Alto, CA 94303-2214 PERSON(S) SERVED

PROOF OF SERVICE
I, Melody A. Kramer, declare: I am and was at the time of this service working within in the County of San Diego, California. I am over the age of 18 year and not a party to the within action. My business address is the Kramer Law Office, Inc., 9930 Mesa Rim Road, Suite 1600, San Diego, California, 92121. On June 26, 2008, I served the following documents:

NOTICE OF MOTION AND MOTION FOR EXCEPTION TO STAY TO PRESERVE EVIDENCE DECLARATION OF MELODY A. KRAMER IN SUPPORT OF MOTION FOR EXCEPTION TO STAY TO PRESERVE EVIDENCE PLAINTIFF'S MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF MOTION FOR EXCEPTION TO STAY TO PRESERVE EVIDENCE

PARTY(IES) SERVED

METHOD OF SERVICE Email--Pleadings Filed with the Court via CM/ECF

Esseplast (USA) NC, Inc.

Esseplast (USA) NC, Inc

Email--Pleadings Filed with the Court via CM/ECF

Esseplast (USA) NC, Inc

Email--Pleadings Filed with the Court via CM/ECF

Esseplast (USA) NC, Inc

Email--Pleadings Filed with the Court via CM/ECF

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Case No. 07cv02277 BTM CAB

Case 3:07-cv-02277-BTM-RBB

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Filed 06/26/2008

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[email protected] Erik R. Fuehrer DLA Piper USA LLC 2000 University Avenue East Palo Alto, CA 94303-2214 [email protected] Esseplast (USA) NC, Inc Email--Pleadings Filed with the Court via CM/ECF

(Personal Service) I caused to be personally served in a sealed envelope hand-delivered to the office of counsel during regular business hours. (Federal Express) I deposited or caused to be deposited today with Federal Express in a sealed envelope containing a true copy of the foregoing documents with fees fully prepaid addressed to the above noted addressee for overnight delivery. (Facsimile) I caused a true copy of the foregoing documents to be transmitted by facsimile machine to the above noted addressees. The facsimile transmissions were reported as complete and without error. (Email) I emailed a true copy of the foregoing documents to an email address represented to be the correct email address for the above noted addressee. X (Email--Pleadings Filed with the Court) Pursuant to Local Rules, I electronically filed this document via the CM/ECF system for the United States District Court for the Southern District of California. (U.S. Mail) I mailed a true copy of the foregoing documents to a mail address represented to be the correct mail address for the above noted addressee. I declare that the foregoing is true and correct, and that this declaration was executed on Thursday, June 26, 2008, in San Diego, California.

/s/ Melody A. Kramer Melody A. Kramer

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Case No. 07cv02277 BTM CAB