DABOSS, I don't see any filing related to Ken Clark on 5 Feb 2008. The only depostion of his I see is digEcor document 100 dated June 2007. What is the document # of the deposition you read? Can you paste the contents here? Or is it embedded in doc 145?

Also, e.Digital has responded to digEcor's filing of doc 145 by filing doc 146 today. I'm having trouble getting it uploaded to my box.net page so have pasted doc 146 below. Will upload tonight when I get home.

I'm out for awhile now...will check back tonight.

James S. Jardine (1647)

Samuel C. Straight (7638)

Ryan B. Bell (9956)

RAY QUINNEY & NEBEKER, P.C.

36 South State Street, Suite 1400

Salt Lake City, Utah 84111

Telephone: (801) 532-1500

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH

CENTRAL DIVISION

DIGECOR, INC., a Washington

corporation,

Plaintiff,

v.

E.DIGITAL CORPORATION, a Delaware

corporation; DOES 1 to 20, individuals;

Defendants.

REQUEST FOR ORAL ARGUMENT RE:

DIGECOR’S MOTION TO COMPEL

Civil Case No. 02:06-CV-00437

Judge Ted Stewart

Pursuant to Local Rule DUCivR 7-1(f), Defendant e.Digital hereby submits this Request

for Oral Argument Regarding digEcor’s Motion to Compel. e.Digital requests oral argument to

address Court regarding the issues raised in the Motion and its supporting and opposing

memoranda. Specifically, there is good cause for oral argument due to the new arguments and

inaccuracies raised for the first time in digEcor’s Reply in Support of the Motion to Compel.

Oral argument is needed to permit e.Digital to respond to these new issues before the Court

makes a final determination on the Motion to Compel.

Case 2:06-cv-00437-TS-DN Document 146 Filed 02/05/2008 Page 1 of 3

For the reasons stated above, e.Digital requests that the Court set the Motion for hearing

to allow the parties to address the Court.

DATED this 5th day of February, 2008.

RAY QUINNEY & NEBEKER P.C.

/s/ Ryan B. Bell

James S. Jardine

Samuel C. Straight

Ryan B. Bell

967422

2

Case 2:06-cv-00437-TS-DN Document 146 Filed 02/05/2008 Page 2 of 3

I hereby certify that on this 5th day of February, 2008, I electronically filed the foregoing

REQUEST FOR ORAL ARGUMENT RE: DIGECOR’S MOTION TO COMPEL with the

Clerk of Court using the CM/ECF System which sent notification of such filing to the following:

David W. Tufts

DURHAM JONES & PINEGAR

111 E. Broadway, Suite 900

Salt Lake City, Utah 84111

/s/Lisa Bonnell

965215

Case 2:06-cv-00437-TS-DN Document 146 Filed 02/05/2008 Page 3 of 3