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Randall E. Kay (State Bar No. 149369) rekay@jonesday.com Matthew A. Ferry (State Bar No. 279236) mferry@jonesday.com Jones Day 12265 El Camino Real, Suite 200 San Diego, CA 92130.4096 Telephone: 858.314.1200 Facsimile: 858.314.1150 William E. Devitt (admitted pro hac vice) wdevitt@jonesday.com JONES DAY 77 West Wacker Drive Chicago, IL 60601.1692 Telephone: 312.782.3939 Facsimile: 312.782.8585 Attorneys for Defendants/Counterclaimants MICRON CONSUMER PRODUCTS GROUP, INC. AND MICRON TECHNOLOGY, INC. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA E.DIGITAL CORPORATION, Plaintiff, vs. MICRON CONSUMER PRODUCTS GROUP, INC., d/b/a LEXAR, Defendant. E.DIGITAL CORPORATION, Plaintiff, vs. MICRON TECHNOLOGY, INC., Defendant. AND RELATED COUNTERCLAIMS Case Nos. 13-cv-2907-H-BGS (lead case) 13-cv-2944-H-BGS MOTION AND NOTICE OF MOTION SEEKING MODIFICATION OF CONSOLIDATED SCHEDULING ORDER AND FOR LEAVE TO AMEND ANSWER AND COUNTERCLAIMS Before the Honorable Marilyn L. Huff Hearing: May 4, 2015 Time: 10:30 a.m. Location: Courtroom 15A 333 West Broadway San Diego, CA 92101
SDI-600235483v1 1 13-cv-2907-H-BGS MOTION AND NOTICE OF MOTION TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD, PLEASE TAKE NOTICE THAT pursuant to Federal Rules of Civil Procedure 15(a)(2), 16(b)(4), and Local Civil Rule 15.1, Defendants Micron Consumer Products Group, Inc. and Micron Technology, Inc. (collectively “Movants”) will each move on May 4, 2015 in the United States District Court for the Southern District of California for an order modifying the Consolidated Scheduling Order and granting Movants leave to amend their respective answers and counterclaims in the abovecaptioned, consolidated actions. The motion is based on this Motion and Notice of Motion, the Memorandum of Points and Authorities in support of the Motion, the Declaration of Randall E. Kay, and the exhibits attached to the Declaration of Randall E. Kay. Dated: April 3, 2015 JONES DAY By: s/ Randall E. Kay Randall E. Kay Attorneys for Defendants MICRON CONSUMER PRODUCTS GROUP, INC. and MICRON TECHNOLOGY, INC.
