Defendant Leica Camera, Inc. (“Leica Camera”) and the Undersigned, Denver counsel

for Leica Camera, move for leave of Court to allow out-of-state counsel for Leica Camera,

Joseph M. Casino, to attend by telephone the court conference set in this matter for January

7, 2010 (Dkt. #3.) This relief is unopposed. This defendant also submits herein a brief status

report in advance of the conference.

Counsel for Leica Camera conferred in good faith with counsel for plaintiff e.Digital

Corporation regarding the relief requested in this Motion. Plaintiff does not oppose the relief

requested.

1. This Court has set a Rule 16 conference for January 7, 2010, beginning at 4:00

p.m. The Order setting the conference makes no reference to any evidentiary hearing and

counsel is not aware of any need for one given the status of the case.

2. The Undersigned, as Denver counsel for Leica Camera, has appeared in this

matter and filed a motion for an extension of time to answer or otherwise respond to the

Complaint. (Dkt. #11.) The Undersigned will physically appear at the conference.

3. It is anticipated that Mr. Joseph M. Casino of Amster, Rothstein & Ebenstein,

LLP in New York City will also appear in this matter on behalf of Leica Camera and, when

served, the Panasonic defendants and Leica Camera AG. Leica Camera has tendered

plaintiff’s claim to Panasonic for defense and indemnification. It is anticipated that the

Undersigned will serve as co-counsel with Mr. Casino and other members of his firm for

Leica and Panasonic in this matter.

4. Mr. Casino and other members of his firm have begun the process of appearing in

this matter. Such counsel were admitted to the bar of this Court on December 22, 2009 and

are in the process of registering for an account in the Court’s ECF system. Mr. Casino will

file an entry of appearance upon receipt of the required ECF login and password information

from the court clerk.

5. Based on inquiries, the Undersigned understands and believes that Mr. Casino is

licensed to practice law by the State of New York and that his license is in good standing.

6. According to MSK Civ. Practice Standard III.A.4, motions for leave to appear by

telephone must be filed at least three days before the hearing. This Motion complies.

According to the same practice standard, such motions are liberally granted for non-

evidentiary hearings particularly where, as here, the party and its counsel are current on their

obligations to the Court. The January 7 conference is not an evidentiary proceeding and

Leica Camera and its counsel are current with their obligations to the Court. In addition,

Denver counsel for Leica Camera will be physically present.

WHEREFORE, Leica Camera respectfully moves for leave for Mr. Casino to appear on

its behalf at the January 7, 2010 conference. A proposed form of Order is attached for the

Court’s convenience.

As of the date of this filing and according to the court docket, only three of 32 named

defendants have been served and appeared in this case. For instance, Leica Camera’s

foreign parent corporation, Leica AG, has not been served, nor have the two Panasonic

defendants. On information and belief, plaintiff has delayed serving process on many of the

other named defendants and is offering to stipulate to extensions of time to answer or

otherwise respond until well after the January 7, 2010 conference. At this time, therefore,

defendant Leica Camera believes that most defendants will not have been served and/or

have appeared by the date of the conference. Counsel believes that the Court will expect the

defendants to coordinate their efforts in this case, to the extent possible. Counsel further

believes that the status of service and appearances will make it difficult for the defendants to

engage in any meaningful coordination before the January 7, 2010 conference. Respectfully,

Leica Camera suggests that, considering the circumstances, the Court may wish to postpone

and re-set the conference.

FEATHERSTONE PETRIE DESISTO LLP