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

1 Sid Leach (#019519) I
Andrew F . Halaby (#017251)
2 Monica A. Limon-Wynn (#019174)
SNELL & WILMER L.L.P.
3 One Arizona Center
400 E. Van Buren
4 Phoenix, AZ 85004-2202
Telephone: (602) 382-6372 ‘
5 Attorneys for Plaintiff Hypercom Corporation ·
[email protected]
6 [email protected]
[email protected]
7
8 IN THE UNITED STATES DISTRICT COURT FOR THE
A 9 DISTRICT OF ARIZONA
]() Hypercom Corporation, No. CV 04-0400 PHX PGR _
11 aww HYPERCOM co1u>oRAT1oN’s
12 VS- (UNo1>1>osED) MOTION TO
WITHHOLD SERVICE OF ITS
13 Verve, L-L-O, and EXPERT WITNESS REPORT UNTIL
Omwn C9I`P9Y3U9¤» SIMULTANEOUS EXCHANGE OF
( 14 Defendants. EXPERT REPORTS WITH OMRON
15 ON APRIL 17, -2006
16 Consistent with the simultaneous exchange of expert witness reports contemplated
17 by the Court’s Scheduling Order dated November 21, 2005, Hypercom Corporation
18 ("Hypercom") respectfully requests that the Court enter the proposed form of Order
19 allowing Hypercom to withhold service of its expert witness report until April 17, 2006 --
20 the date on which Omron intends to disclose its expert and serve its report. If Hypercom
21 is compelled to serve its expert witness report today simply because its expert completed
22 its report on time, then Omron will receive a significant and unfair advantage because it
23 will have two-weeks in which to review the report prepared by Hypercom’s expert
24 witness and to modify its report accordingly. This motion is supported by the following `
25 Memorandum of Pointsand Authorities. A proposed form of order is submitted for the
26 Court’s convenience.
27
28 0
Case 2:04-cv—OO400—PGR Document 105 Filed O4/O3/2006 Page 1 of 3

1 MEMORANDUM OF POINTS AND AUTHORITIES
2 On March 28, 2006, Omron filed an unopposed motion requesting that it be
3 allowed to have an additional two weeks until April 17, 2006 to disclose its expert witness
4 and serve its expert witness report because its expert needed additional time to prepare.
5 Hypercom did not oppose Omron’s Motion for reason that Hypercom’s expert witness
6 would be out of the country after April 1, 2006 and therefore could not benefit from the
7 additional two weeks. On March 29, 2006, the Court granted Omron Corporation’s
8 request for an extension of the time to disclose its expert and serve the report of its expert
9 witness through and until April 17, 2006. T _
10 So as to avoid giving any unfair advantage to Omron’s expert witness to review
11 and tailor its report to the opinions set forth in the report prepared by Hypercom’s expert
12 witness, Hypercom respectfully requests that the Court enter the proposed fonn of Order
13 allowing Hypercom to withhold service of its already-prepared expert witness report until
_ 14 April 17, 2006 so that the parties may simultaneously disclose their expert witnesses and
15 serve their expert witness reports as set forth in the Court’s Scheduling Order. To hold
16 otherwise would, in essence, allow Omron an opportunity to serve a rebuttal expert
17 witness report because its expert would benefit from review of the report produced by
18 Hypercom. The Scheduling Order does not provide for the opportunity by either party to
19 2 serve rebuttal expert witness reports. Under the circumstances present here, therefore,
20 Hypercom requests that the Court permit it to disclose its expert and serve its expert
21 witness report on April 17, 2006 when Omron intends to disclose and serve its report.
22 RESPECTFULLY SUBMITTED this 3rd day of April, 2006.
23 SNELL & WILMER L.L.P.
24 -
25 By s/Monica A. Limon-Wgn
Sid Leach
26 Monica A. Limon-Wynn
I SNELL & WILMER L.L.P.
27 One Arizona Center -
Phoenix, AZ 85004-2202
2 8 Attorneys for Plaintiff Hypercom Corporation
Case 2:04-cv—OO400—PGR Document f65 Filed O4/O3/2006 Page 2 of 3

1 CERTIFICATE OF SERVICE
2 I hereby certify that on April 3, 2006, I electronically transmitted the attached
3 document to the Clerk’s Office using the CM/ECF System for filing and transmittal of a
4 Notice of Electronic Filing to the following CM/ECF registrants:
‘ 5 David P. Irmscher c
John K. Henning, IV I
6 BAKER & DANIELS
300 N. Meridian Street, Suite 2700
7 Indianapolis, IN 46204
‘ Phone: 317-237-1317
8 Fax: 317-237-1000 -
[email protected]
9 [email protected]
I0 Paul Moore
Ray K. Harris
11 FENNEMORE CRAIG, P.C.
3003 N. Central Avenue, Suite 2600 _
12 Phoenix, AZ 85012-2913
Phone: 602-916-5414
13 Fax: 602-916-5614
[email protected]
14 [email protected]
15 Attorneys for Defendant Omron Corporation
16 s/ Linda I. Patenaude
l7 E
1 8 -
1 9 l8l5088
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Case 2:04-cv-00400-PGR

Document 105

Filed 04/03/2006

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Case 2:04-cv-00400-PGR

Document 105

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Case 2:04-cv-00400-PGR

Document 105

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