Free Motion for Extension of Time - District Court of Arizona - Arizona

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FENNEMORE CRAIG, P.C.
P HOENIX

David P. Irmscher (Indiana State Bar No. 15026-02) John K. Henning (Indiana State Bar No. 25203-49) Baker & Daniels LLP 111 East Wayne Street, Suite 800 Fort Wayne, IN 46802 Telephone: 260-424-8000 Facsimile: 260-460-1700 Ray Harris (Arizona State Bar No. 007408) Paul Moore (Arizona State Bar No. 019912) Fennemore Craig 3003 North Central Avenue, Suite 2600 Phoenix, AZ 85012-2913 Telephone: 602-916-5000 Facsimile: 602-916-5999 Attorneys for the defendant, Omron Corporation UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Hypercom Corporation, Plaintiff, vs. Omron Corporation, Defendant Pursuant to Local Rule 7.3 of the District Court of Arizona, Defendant Omron Corporation ("Omron") moves for an additional 14 days ­ to and including April 17, 2006 ­ to disclose its expert witnesses and serve expert reports under Rule 26(a)(2)(B) of the Federal Rules of Civil Procedure. This motion is made for good cause and not for delay. Moreover, this requested two-week extension of time will not affect any other deadlines in the Scheduling Order, including the deadlines for the discovery cutoff, additional dispositive motions, and trial. The Court entered the Scheduling Order in this case on November 21, 2005. Under the Scheduling Order, Omron and Hypercom shall disclose their respective expert witnesses, and serve reports in compliance with Rule 26(a)(2)(B), no later than April 1,
PHX/RHARRIS/1778364.1/12623.001

CAUSE NO. CV04-0400 PHX PGR UNOPPOSED MOTION FOR EXTENSION OF TIME TO DISCLOSE AND SERVE EXPERT WITNESS REPORTS

Case 2:04-cv-00400-PGR

Document 102

Filed 03/28/2006

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FENNEMORE CRAIG, P.C.
P HOENIX

2006. Because April 1, 2006, falls on a Saturday, the effective date for disclosure of expert witnesses and reports is the following Monday, April 3, 2006. Omron's expert witnesses are diligently preparing their written reports. Expert witness discovery,

however, is more time consuming and expensive in patent litigation lawsuits than in other cases. It can cost a party as much as $50,000 to $100,000 to have an expert review the patents, potential infringement claims, and all relevant documents, and prepare the Rule 26(a)(2)(B) report. Thus, it behooves neither party to spend the kind of money necessary to procure a written expert witness report if Omron is entitled to judgment as a matter of law on all claims. Omron's Motion For Summary Judgment is fully briefed and is

pending review and decision by the Court. Omron is not waiting for a resolution of the summary judgment motion to identify its expert witnesses and serve its Rule 26(a)(2)(B) reports. However, Omron requires some additional time and requests an additional 14 days ­ or until April 17, 2006 ­ to prepare and disclose its expert reports. Accordingly, Omron respectfully requests the Court to approve this Motion and allow Omron to have an additional 14 days to disclose its expert witnesses and serve Rule 26(a)(B)(2) expert reports. Counsel for Hypercom has reviewed this Motion and has authorized counsel for Omron to report to the Court that Hypercom does not oppose the request for extension of time. RESPECTFULLY SUBMITTED this 28th day of March, 2006. FENNEMORE CRAIG, P.C. By s/Ray K. Harris Ray Harris Paul Moore BAKER & DANIELS LLC David P. Irmscher John K. Henning
PHX/RHARRIS/1778364.1/12623.001

Case 2:04-cv-00400-PGR

Document 102 2 Filed 03/28/2006

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Attorneys for Defendant Omron Corporation CERTIFICATE OF SERVICE

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I hereby certify that on March 28, 2006, I electronically transmitted the attached documents to the Clerk' Office using the CM/ECF System for filing and transmittal of a s Notice of Electronic Filing to the following CM/ECF registrants: Michael K. Kelly Sid Leach SNELL & WILMER L.L.P. One Arizona Center 400 East Van Buren Phoenix, AZ 85004-2202 Peter Henry Schelstraete SCHELSTRAETE LAW OFFICE 1949 East Broadway Suite 107 Tempe, AZ 85282-0001 I hereby certify that on March 28, 2006, I served the attached document by mail on

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the following, who are not registered participants of the CM/ECF System:
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FENNEMORE CRAIG, P.C.
P HOENIX

Christopher S. Walton Gregory S. Donahue SIMON GALASSO & FRANTZ PLC 6300 Bridgepoint Parkway, Bldg. One Suite 410A Austin, TX 78730

_s/Melody Tolliver_________________

PHX/RHARRIS/1778364.1/12623.001

Case 2:04-cv-00400-PGR

Document 102 3 Filed 03/28/2006

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